A draft of the Mobile Roaming (EU Exit) Regulations 2019 were published (having been laid before Parliament) on 5 February 2019. Accompanying the draft legislation was an explanatory memorandum provided by the UK’s Department for Digital, Culture, Media and Sport. These updated regulations aim to ensure that adequate legislation continues to operate effectively after the…
On 20 November the Administrative Court in Köln upheld an earlier 2017 decision by the Bundesnetzagentur (the Federal Network Agency) that Deutsche Telekom’s zero-rated “StreamOn” offer violated net neutrality regulations. As Preiskel & Co Senior Partner and telecoms law expert Daniel Preiskel explained, “we found the court decision interesting and worth noting, especially as the…
The new Electronic Communications Code is due to come into force in late Autumn 2017. The New Code, when in force, will bring important changes relating to rent and private landlord’s rights. In theory, life for electronic communications providers who construct networks should be better and more certain than under the Old Code. This is…
Ofcom has recently started an own initiative monitoring and enforcement programme into compliance with the charge control requirements (i.e. mobile termination rate caps) imposed by the significant market power (“SMP”) condition M3. This condition is contained in Annex 3 of Ofcom’s Statement entitled “Mobile Call Termination Market Review 2015-18”, published on 17 March 2015. SMP…
Ofcom is seeking views on proposals to update and revise its existing Enforcement Guidelines. Background Ofcom is the independent regulator and competition authority for the UK communications industries. In this role, it needs to take enforcement action in the interests of citizens and consumers, and where appropriate to promote competition. Ofcom also has concurrent powers…
On 10 January 2017 the European Commission has adopted a Proposal for a Regulation concerning the respect for private life and the protection of personal data in electronic communications (“the draft e-Privacy Regulation” or “the Proposal”) which will repeal the Directive 2002/58/EC on privacy and electronic communications (the “e-Privacy Directive”). The draft e-Privacy Regulation provides…
The Body of European Regulators for Electronic Communications (BEREC) is seeking views from stakeholders on its draft guidelines concerning the implementation by national regulators of the new European rules on net neutrality. The public consultation will close on 18 July 2016 at 1:00 PM (UK time). The draft guidelines (available here) implement the EU Regulation…
Following the invalidation of the Decision 2000/520/EC of 26 July 2000 (the “Safe Harbour Decision”) by the Court of Justice of the European Union (the “CJEU”) on 6 October 2015, US and EU officials have finally reached a political agreement for the implementation of a new framework covering the transfer of personal data between the…
The Internet Telephony Services Providers’ Association (ITSPA) asked Preiskel & Co to draft the guidelines for its members as the provision of communication services to end users is highly regulated, most notably by Ofcom’s General Conditions of Entitlement. The ITSPA/Preiskel & Co co-branded Compliance Guidance describes the key legal requirements (and issues) that Communication Providers should…
The Court of Justice of the European Union (the “CJEU”) decided yesterday for the invalidity of the Decision 2000/520/EC of 26 July 2000 (the “Safe Harbour Decision”), which held that personal data transferred from the EU to the US under the EU/US Safe Harbour scheme was adequately protected. The CJEU decision of yesterday was in…
