Internet user rights in Europe

Recently the EU reached an agreement on proposed new telecommunication rules that are intended to better protect the rights of European mobile phone and internet users, and offer more protection against illegal internet porn and copyright abuse. The telecoms package has indeed introduced some important reforms.

Under the new telecoms package, European consumers will have the right to change, in one working day, fixed or mobile operators while keeping their old phone number. In addition, the maximum initial duration of a subscription contract signed by a consumer with an operator will be no longer than 24 months.

Operators must also offer consumers the possibility of agreeing to a subscription contract with a maximum duration of 12 months.

Furthermore, consumers will have the right to receive more comprehensive information such that they understand what services they are subscribing to and what such communications services effectively allow them to do. These subscription contracts must specify the minimum quality levels consumers should expect from the services to which they subscribe as well as information on compensation and refunds if these levels are not met.

The new telecoms rules stipulate that measures taken by member states regarding access to or use of services and applications through telecoms networks must be in line with the fundamental rights and freedoms of citizens, as they are guaranteed by the European Convention for the Protection of Human Rights and fundamental freedoms and in general principles of EU law, in particular, the presumption of innocence and the right to privacy.

Thus, under this guarantee, national authorities will only be able to cut off internet services if they have proof, for instance, that a user was downloading illegal copies of movies or music files.

European citizens' privacy is also set as one of the top priorities of the new telecoms rules, requiring telecoms operators, including internet service providers, to keep safe names, e-mail addresses and bank account information of their customers. Further, communications providers will be obliged to inform the authorities and their customers about security breaches affecting their personal data.

A further reform proposed is better accessibility of the internet throughout Europe. Currently, in rural areas of the EU only an average of 70 per cent of the population can have access to a broadband network connection. The reform will help in overcoming this "digital divide" by better managing radio spectrum and by making it effectively available for wireless broadband services in regions where building a new fibre infrastructure is too costly; and by allowing member states to expand universal service provisions beyond narrow-band internet access.

The telecoms reform package still has some way to go: entry into force of the package is expected by early 2010 with the transposition of the new rules into national legislation expected to be by May 2011.

Dr Grech is an associate with Guido de Marco & Associates and heads its European law divison.