ANCOM: Providers of publicly available electronic communications services are allowed to modify contracts concluded with end-users without the latter’s explicit consent, if they notify the users on the modification at least 30 days in advance. Upon such notification, users have the right to withdraw from the contract without paying any penalties or compensation, if the changes to the contractual conditions proposed are not acceptable to them. These changes may concern tariffs, charging method, other conditions regarding the provision of electronic communications services, etc.
Where end-users do not agree with the changes notified, they have the right to terminate their contract for the provisions of electronic communications services (other than number-independent interpersonal communications services) at least 30 days from the receipt of the notification without paying compensation for early termination of the contract (excepting the cost of terminal equipment, if they decide to keep it).
These are a few exceptional situations when a user cannot terminate without penalty or compensation a contract that has been unilaterally modified by the provider:
- the changes are purely administrative and have no negative effect on the end-user (e.g. changes to the provider's contact details);
- the changes are imposed by law;
- the changes bring exclusively benefits to the end user (such as including additional benefits in the package of services purchased).
Notifying users on the contractual changes
ANCOM established the format and means for sending the notification regarding the intention to unilaterally modify the contract. The notification must be written with legible fonts that contrast with the background of the document; the text must be easy to understand, and the title must be suggestive and highlight the unilateral character of the proposed changes. It can be communicated to subscribers in printed form, by letter or in electronic format, by SMS, message to the e-mail address or through the customer account – in the latter case the notification must be accompanied by an SMS and/or e-mail announcing its transmission.
If the notification is communicated to users on paper, the size must be at least equal to standard A4 and the content must be written in characters of at least 12p. The notification shall be separate from any other document transmitted.
For notifications sent by e-mail or customer account, the electronic file containing the notification must be separate from any other file and bear a suggestive name. At the same time, the subject of the message sent by e-mail or the message announcing the existence of the notification in the customer account must clearly reflect that it is a unilateral amendment of the contract.
Where the notification communicated to users by SMS contains a link to a document on the provider's own website, it must meet all of the following requirements:
- the text of the notice must include at least information on the intention to unilaterally modify the contract and indicate the main elements subject to the modification;
- the document to which the link provided in the SMS refers must be a file with the extension ".pdf" and be dated and validated by the qualified electronic signature of a representative of the provider. This document cannot be subsequently modified without notice to the subscriber and will be accessible/downloadable at least during the validity period of the changes proposed by the notification.
WARNING! In the case of subscription-based services, at the time of concluding the contract, the user chooses – by means of a contractual clause – to receive the notification in printed or electronic format. The respective option may be modified by the parties’ agreement during the contract duration.
Withdrawal from the contract
The provider shall provide end-users with the following means of withdrawal from the contract:
- a phone call to the number indicated in the notification;
- a letter sent to the address indicated in the notification;
- a contact method by the online/electronic/digital means indicated in the notification, ensuring the registration of the request, and the transmission of registration confirmation;
- a written withdrawal request, filed at any workstation where the provider operates on a permanent or regular basis;
- a porting/transfer request submitted within 30 days from the transmission date of the notification.
Legislative framework
In the field of electronic communications, Government Emergency Ordinance no. 111/2011, as amended and supplemented by Law no. 198/2022, provides a series of rights for users of publicly available electronic communications services.
Moreover, secondary legislation plays an important role in protecting subscribers, therefore ANCOM issued ANCOM Decision no. 73/2023 on end-user information obligations and other measures for their protection.
About what, how and where you can complain
ANCOM can take measures if providers modify provisions of the contracts concluded with end-users without sending the notification of their intention to unilaterally modify the contract, if they do not comply with the conditions regarding the format and content of the notification or if, following its transmission, they do not offer users the right to withdraw from the contract, under the conditions imposed by law. Complaints can be sent here.
ANCOM InfoCenter
More information on contracts for the provision of publicly available electronic communications services is available on ANCOM’s InfoCentre.
