Anteproyecto telecomunicaciones

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The public consultation period for the General Telecommunications Bill started on September 11. The submissions period will be open until October 13. Submissions can be sent to the email address audiencia.normasteleco@economía.gob.es. The full text (pdf) and the justification report (pdf) can be accessed.

The Bill transposes to Spanish law Directive (EU) 2018/1972 of the European Parliament and of the Council of December 11, 2018 establishing the European Electronic Communications Code.

The European Electronic Communications Code consolidates the following four directives in a single text, also introducing significant amendments and developments to the applicable legal regime:

  1. Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (“Access Directive”)
  2. Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorization of electronic communications networks and services (“Authorization Directive”).
  3. Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (“Framework Directive”).
  4. Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (“Universal Service Directive”).

The Bill introduces substantial amendments to the current regime. In particular, the regulation of number-independent interpersonal communication services or messaging services, on which it imposes obligations on registration, data conservation, adoption of specific security measures or the payment of an administration fee, among others.

Furthermore, it provides for the possibility of the General State Administration assuming direct management or operation of the electronic communications networks and services in exceptional circumstances that may affect public order, public security and national security.

Moreover, although Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (“Directive on privacy and electronic communications”) is not consolidated by the European Electronic Communications Code, its entry into force does affect it, since several of its Articles refer directly to the consolidated Directives (particularly the section on definitions or the scope).

Author: Ane Alonso

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ane.alonso@cuatrecasas.com