ANCOM: The electronic signature can now be used to conclude the electronic communications contracts. The electronic communications contracts can be concluded in writing, on paper or in electronic form, using the electronic signature, but also through distance communication means, according to the regulations in force. Micro-enterprises, small enterprises or non-profit organizations benefit from the same rights as the consumers in the contractual relations with the electronic communications service providers, to the extent that they have not explicitly agreed to waive these rights in whole or in part.
Ways of concluding the electronic communications contracts
The contracts for the provision of electronic communications services can be concluded in three ways, as follows:
- in writing, on paper (in this case the handwritten signature is used)
- in writing, electronic form, if the user agrees (in this case the advanced or qualified electronic signature is used);
- through distance communication means (e.g. telephone, letter, e-mail, online applications, etc.), under certain conditions detailed here.
Other relevant information regarding the electronic communications contracts
The contracts take effect when the user expresses his agreement, on a durable medium. In principle, a durable medium is any instrument which enables the consumer or the professional to store the information addressed personally to them, in a way that is accessible for later reference for an appropriate period of time, for information purposes, and which allows the unaltered reproduction of the stored information. These obligations do not apply to contracts for which payment is made in advance upon purchasing a prepaid card.
The end-users micro-enterprises, small enterprises or non-profit organizations benefit from the same rights as the consumers, to the extent that they have not explicitly agreed to wholly or partially waive these rights. In this context, ANCOM recommends the representatives of these entities not to waive their rights regarding the conclusion of the contracts. These rights are essentials to make an informed choice of electronic communications services and to benefit from increased protection in the relation with the providers, considering that the Authority cannot intervene if the users have waived their rights.
More information regarding the contracts for the provision of electronic communications services is available on the ANCOM InfoCentre website, at the sections Telephony and Internet.
Complaints
If the providers do not observe the contract, the users can turn to the National Authority for Consumer Protection (ANPC). In this case, ANCOM can provide counselling and mediation, but may not apply of sanctions to the respective providers.
In exchange, ANCOM may take measures if the electronic communications service is provided and billed without a contract between the parties.
During the first semester of 2023, ANCOM registered a total of 127 complaints regarding the manner in which the contracts for the provision of electronic communications were concluded.
The legal framework
The Government Emergency Ordinance no. 111/2011 amended and complemented by Law no. 198/2022, provides a series of rights for the users of publicly available electronic communications services. Law no.198/2022 transposed into the national legislation the Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code.
ANCOM completed the legal framework targeting the end-users by ANCOM Decision no. 73/2022 on the obligations to inform the end-users and other measures for their protection.
