CyprusRegulatory Decision 279/2023 on the Terms of General Authorisations, general authorisation condition of equivalent accessibility and choice for users with disabilities
Η περί Καθορισμού των Όρων Γενικών Εξουσιοδοτήσεων Ρυθμιστική Απόφαση του 2023 (Κ.Δ.Π. 279/2023) άρθρα 4, 6 και 8 και Παράρτημα ΙΙΙ, παράγραφος 3(4)
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide electronic communications services or networks under the general authorisation, other than number-independent interpersonal communications services, provide accessibility for users with disabilities equivalent to that provided to the majority of end-users, including in the contractual information you give under Article 29 of the Law (Decision Annex III, para. 3(4); Directive (EU) 2018/1972 Art. 111(1)).
- Ensure that users with disabilities can choose between the undertakings and services available to the majority of end-users (Decision Annex III, para. 3(4); Directive (EU) 2018/1972 Art. 111(1)(b)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 46(10) of Law 24(I)/2022 makes it an offence for a person, without reasonable cause, to fail to comply with the terms of a decision or regulatory decision that the Commissioner issues under the Law. On conviction the person is liable to imprisonment of up to six months, to a fine of up to EUR 850, or to both. Article 46(1) of Law 24(I)/2022 also makes it an offence to provide an electronic communications network or service otherwise than as the Law, a general authorisation under it or the Commissioner's regulatory decisions lay down, punishable by imprisonment of up to six months, a fine of up to EUR 5,000, or both. Section 2 of the Interpretation Law reads a person to include a company, cooperative, association, society, foundation or body of persons, with or without legal personality, so both offences reach a provider that is a company, at the same ceilings.
Penalty structure
Article 43(2) of Law 24(I)/2022 caps the Commissioner's administrative fine at EUR 200,000 and, where the infringement is repeated, at EUR 400,000. Where the infringement continues, or the provider does not comply after notice of the initial fine, the Commissioner may add a further administrative fine of not more than EUR 1,000 for each day the infringement continues. The EUR 1,000 is a per-day amount. Article 43(1) also lets the Commissioner impose other administrative sanctions or revoke licences where it finds a breach. For a systematic or repeated breach of the conditions of the general authorisation, Article 6(γ) of the Decision also lets the Commissioner prevent the further provision of networks or services, suspend or withdraw the general authorisation, or suspend or withdraw individual rights of use of numbers.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 400,000
Who enforces it
Enforcement body
The Commissioner for Communications (Επίτροπος Επικοινωνιών), who may impose administrative sanctions under Articles 4(3)(γ) and 43 of Law 24(I)/2022 and, for a systematic or repeated breach of the conditions of the general authorisation, prevent the further provision of networks or services, suspend or withdraw the general authorisation, or suspend or withdraw individual rights of use of numbers under Article 6 of the Decision
What it reaches
Instrument type
a regulation made under an act
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a provider of electronic communications networks or services under the general authorisation, other than number-independent interpersonal communications services, which Annex III does not cover
What this law does
Regulatory Decision 279/2023 on the terms of general authorisations is made under Articles 4(3)(β), 4(3)(ζ), 7 and 45 of the Regulation of Electronic Communications Law 24(I)/2022. Regulatory Decision 279/2023 was published in the Official Gazette on . Article 8(1) puts Regulatory Decision 279/2023 in force from the date of its publication in the Official Gazette, subject to Article 8(2), which delays listed paragraphs of Annex V by six months.
Article 7(1)(α) of Law 24(I)/2022 makes a general authorisation to provide electronic communications networks or services subject only to the conditions the Commissioner sets by regulatory decision. Article 4 has the Commissioner set, in Annexes I to V, the conditions of the general authorisation that may be imposed on a provider of electronic communications networks and services.
Annex III sets the specific conditions for electronic communications networks and services other than number-independent interpersonal communications services. Paragraph 3 of Annex III requires the provider to comply with Articles 26 to 30 of the Law and with the regulatory decision made by virtue of Article 29 of the Law.
Paragraph 3(4) of Annex III requires all providers of electronic communications services or networks to provide accessibility for users with disabilities equivalent to that provided to the majority of end-users. Paragraph 3(4) of Annex III provides that this accessibility includes the related contractual information that providers give by virtue of Article 29 of the Law.
Paragraph 3(4) of Annex III requires providers to ensure that users with disabilities can choose between the undertakings and services available to the majority of end-users. Article 6(α) requires the person to comply with the Decision. Article 6(β) lets the Commissioner impose administrative sanctions for non-compliance under Articles 4(3)(γ) and 43 of the Law and the Order on the Collection of Information and Imposition of Administrative Fines.
Article 6(γ) lets the Commissioner, for a systematic or repeated breach of the conditions of the general authorisation, also prevent the further provision of networks or services, suspend or withdraw the general authorisation, or suspend or withdraw individual rights of use of numbers. Article 43(2) of Law 24(I)/2022 caps the Commissioner's administrative fine at EUR 200,000 and, for a repeated infringement, at EUR 400,000.
Article 43(2) also lets the Commissioner add a fine of not more than EUR 1,000 for each day an infringement continues, or the provider does not comply after notice of the initial fine. Article 43(1) of Law 24(I)/2022 also lets the Commissioner impose other administrative sanctions or revoke licences where it finds a breach.
Article 46(10) of Law 24(I)/2022 makes it an offence, punishable by imprisonment of up to six months, a fine of up to EUR 850, or both, for a person without reasonable cause to fail to comply with the terms of a regulatory decision of the Commissioner.
Article 46(1) of Law 24(I)/2022 makes it an offence, punishable by imprisonment of up to six months, a fine of up to EUR 5,000, or both, for a person to provide an electronic communications network or service otherwise than as the Law, a general authorisation under it or the Commissioner's regulatory decisions lay down. Section 2 of the Interpretation Law reads a person to include a company, cooperative, association, society, foundation or body of persons, with or without legal personality.
Article 7 repeals and replaces the Decision of 2015 on the terms and specific obligations under the general authorisation and the Order of 2005 on the special facilities and services of the obligated provider of the universal telecommunications service.
Article 111(1) of Directive (EU) 2018/1972 requires Member States to ensure that the competent authorities specify the requirements that providers of publicly available electronic communications services must meet so that end-users with disabilities have access, equivalent to that of the majority of end-users, to those services and to the related contractual information, and the same choice of undertakings and services.
Part C of Annex I to Directive (EU) 2018/1972 lists consumer protection rules specific to the electronic communications sector among the conditions that may be attached to a general authorisation for electronic communications services other than number-independent interpersonal communications services.
When LexLint raises it
When your app profile says your app provides telecom services or ships a consumer interface.
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