Draft law implementing e-communications code adopted in the first reading

16-06-2020

Today, the Parliament adopted a new draft law on e-communications No.3014, which was developed jointly with BRDO experts, in the first reading.

Why is this draft law important?

  1. It is designed to prevent spam in SMS.

Subscribers will no longer receive notifications they have not subscribed to (Article 123). And in case of changing their mind, they can easily unsubscribe. Moreover, there will be a fine for sending spam: from UAH 1,700 to UAH 8,500 (amendments to Article 148 of the Code of Ukraine on Administrative Offenses).

  1. It simplifies the procedure to protect the subscriber’s rights.

No subscriber will go to court in case of an unexpected charge of UAH 100 on the account, because litigation costs will be much higher. Therefore, the out-of-court settlement is introduced (Article 126). To protect your rights, it will be enough to apply electronically to the communications and informatization regulator (NCCIR).

  1. It provides for receiving only one service not included in the “package”.

Since mobile operators offer only an all-in-one “package” of services including the Internet, minutes for calls and SMS, even residents of villages where there is no mobile Internet pay for the Internet! This injustice is eliminated by the subscriber’s free choice of a specific service they need (Article 110).

  1. It provides for clear speed limits on the Internet you pay for.

Often the speed of “up to 100 Mbps” is announced in the operators’ advertising, but it can be both 1 Mbps and 99 Mbps!

The draft law stipulates providing information on the minimum, average, and maximum speed of the Internet service and other parameters (Article 108).

  1. It increases a fine for violating your rights significantly.

A fine of UAH 17,000-85,000 (instead of UAH 850-1,700) is envisaged for each violation of subscribers’ rights (Article 129).

A working group established at the Verkhovna Rada Committee on Digital Transformation participated in drafting this law. It included, in particular, representatives of mobile operators of Ukraine, business associations, and independent experts. As a result, companies will also receive many progressive changes: technology neutrality, online interaction with the regulator, transfer of rights to use the radio frequency spectrum, and other benefits.

 


This material is prepared by the Better Regulation Delivery Office (BRDO), an independent expert and analytical center funded by the European Union under the FORBIZ project and within the framework of EU4Business Initiative.

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