CroatiaElectronic Communications Act (Zakon o elektroničkim komunikacijama), Articles 46 and 48, Calling Number Display and False Representation of Callers and Message Senders
Čl. 46. i 48. Zakona o elektroničkim komunikacijama
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Prohibition, Disclosure
What it requires
- Do not falsely represent yourself as the caller, or as the sender of SMS or MMS messages, in a public communications network (article 48, paragraph 1).
- An operator of public communications services that offers display of the calling number must let the caller block display of their number, simply and free of charge, for each call or for all calls (article 46, paragraph 1).
- It must also let the called end user block display of the calling number on incoming calls, and reject incoming calls where the caller has blocked display of the number (article 46, paragraphs 2 and 3).
- Once an end user makes it probable in a written submission that malicious or harassing calls, SMS or MMS messages were received, the operator must record and store the calling number, date and time, and pass the data on to the competent police administration (article 48, paragraphs 2 and 4).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 171, paragraph 1 fines a legal person EUR 6,630 to EUR 66,360 for breaching article 46, paragraphs 1 to 4 or article 48, paragraph 1, among other duties; failing to inform the public about display blocking under article 46, paragraph 6 falls under article 172, paragraph 1 at EUR 2,650 to EUR 13,270.
- Rule
- Fixed only
- As of
- Minimum
- 6,630
- Currency
- EUR
- Fixed cap
- 66,360
Who enforces it
Enforcement body
The Agency (Agencija), the Croatian Regulatory Authority for Network Industries, or the authority competent for personal data protection may order an end to breaches of articles 41 to 50 (article 51, paragraph 1).
What this law does
Article 46, paragraph 1 of the Electronic Communications Act requires an operator of public communications services that offers display of the calling number to let the caller block display of their number, free of charge and simply, for each call or for all calls. Paragraph 2 lets the called end user block display of the calling number on incoming calls. Article 48, paragraph 1 forbids any false representation of a caller or of a sender of SMS and MMS messages in public communications networks.
Article 48, paragraph 2 makes the operator record and store the calling number, date and time of malicious or harassing calls and messages once an end user makes it probable in a written submission that they were received. Article 171, paragraph 1 fines a legal person EUR 6,630 to EUR 66,360 for breaches of these duties.
When LexLint raises it
When your app profile says your app provides telecom services, places automated calls or sends automated texts.
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