ItalyElectronic Communications Code (Legislative Decree 259/2003 as recast by Legislative Decree 207/2021), Article 98-quaterdecies(1) and (3), accessible contract information and contract summary (implementing Directive (EU) 2018/1972, Article 102)
D.Lgs. 1 agosto 2003, n. 259, art. 98-quaterdecies, commi 1 e 3
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide publicly available electronic communications services, other than transmission services used for the provision of machine-to-machine services, give the consumer the information of Article 98-quaterdecies(1) and Annex 8 before the consumer is bound by a contract or a corresponding offer, in a format accessible to end-users with disabilities in accordance with Union law harmonising the accessibility requirements of products and services (Article 98-quaterdecies(1)).
- Include in that information the detailed information on products and services intended for end-users with disabilities and on how updates to it can be obtained, to the extent that it relates to a service you offer (Article 98-quaterdecies(1) and Annex 8).
- Give consumers a concise and easily readable contract summary whose main elements include the extent to which your products and services are designed for end-users with disabilities, in the Commission's template, free of charge and before the contract is concluded, also for distance contracts (Article 98-quaterdecies(3)(e) and (4)).
- If it is impossible for objective technical reasons to give the contract summary at that moment, give it afterwards without undue delay; the contract becomes effective when the consumer has confirmed agreement after receiving the summary (Article 98-quaterdecies(4)).
- Give the information of paragraphs 1, 3 and 5 also to end-users that are microenterprises, small enterprises or not-for-profit organisations, unless they have expressly agreed to waive all or parts of those provisions (Article 98-quaterdecies(2)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 30(15) of the Code fines a violation of the provisions of Title III of Part III, and of Article 98-octies decies, with EUR 170,000 to EUR 2,500,000, which the Ministry or the Authority imposes according to their respective competences. Article 98-quaterdecies(1) also has the Authority apply to that paragraph the sanctions of Article 1(31) of Law 249/1997, two months after the entry into force of the provision (the text in force from ): 20 million to 500 million lire, which is EUR 10,329.14 to EUR 258,228.45 at the fixed conversion rate of 1,936.27 lire to the euro, with suspension for up to six months or revocation under Article 1(32) of that Law where the violation is particularly serious or repeated. Article 30(27) provides that the Authority's sanctions under Article 30 may be reduced, up to one third, having regard to the minor extent of the violation, the action taken to remove or reduce its consequences and the operator's economic size, and Article 30(24) excludes payment of those sanctions in a reduced amount under Article 16 of Law 689/1981.
- Rule
- Fixed only
- As of
- Minimum
- 170,000
- Currency
- EUR
- Fixed cap
- 2,500,000
Who enforces it
Enforcement body
The Authority for Communications Guarantees (Autorità per le garanzie nelle comunicazioni, AGCOM) or the Ministry, according to their respective competences
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- provides publicly available electronic communications services, other than transmission services used for the provision of machine-to-machine services (Article 98-quaterdecies(1))
What this law does
Article 98-quaterdecies of the Electronic Communications Code, Legislative Decree 259/2003 as recast by Legislative Decree 207/2021, derives from Article 102 of Directive (EU) 2018/1972. Article 102(1) of the Directive provides that the information shall, upon request, be provided in an accessible format for end-users with disabilities in accordance with Union law harmonising accessibility requirements for products and services.
Article 98-quaterdecies(1) applies to providers of publicly available electronic communications services other than transmission services used for the provision of machine-to-machine services. Article 98-quaterdecies(1) requires those providers to give the consumer the information listed in Annex 8, to the extent that it relates to a service they offer.
Article 98-quaterdecies(1) requires the information to be provided in a format accessible to end-users with disabilities in accordance with Union law harmonising the accessibility requirements of products and services. Annex 8 lists detailed information on products and services intended for end-users with disabilities and on how updates to that information can be obtained.
Article 98-quaterdecies(2) extends the information of paragraphs 1, 3 and 5 to end-users that are microenterprises, small enterprises or not-for-profit organisations, unless they have expressly agreed to waive all or parts of those provisions. Article 98-quaterdecies(3) requires those providers to give consumers a concise and easily readable contract summary whose main elements include the extent to which the products and services are designed for end-users with disabilities.
Article 98-quaterdecies(4) requires the contract summary to be given free of charge to consumers, before the contract is concluded and also for distance contracts, in the Commission template of Implementing Regulation (EU) 2019/2243.
Article 98-quaterdecies(4) provides that, where it is impossible for objective technical reasons to give the summary at that moment, it is given without undue delay afterwards and the contract becomes effective when the consumer has confirmed his or her agreement after receiving it. Article 98-quaterdecies(1) has the Authority supervise the implementation of the paragraph and apply the sanctions of Article 1(31) of Law 249/1997.
Those sanctions of Article 98-quaterdecies(1) apply two months after the entry into force of that provision. The text of Article 98-quaterdecies(1) in force from is the first to carry the Authority's supervision of the paragraph and the sanctions of Article 1(31) of Law 249/1997, and the text in force from adds the two-month deferral of those sanctions.
Article 1(31) of Law 249/1997 punishes a person who does not comply with the Authority's orders and warnings with an administrative fine of 20 million to 500 million lire, which the Authority imposes. Article 1(32) of Law 249/1997 allows the activity to be suspended for up to six months, or the licence, authorisation or concession to be revoked, where a violation under paragraph 31 is particularly serious or repeated.
Article 30(15) of the Code fines a violation of the provisions of Title III of Part III with EUR 170,000 to EUR 2,500,000. Article 11 of the Authority's contracts regulation applies the sanction of Article 30(15) to conduct that violates Article 98-quaterdecies.
Article 30(14) of the Code lets the Ministry, on the Authority's report and after notice of the charge, suspend the authorised activity for up to six months or revoke the general authorisation and any rights of use where a violation under paragraph 12 or 15 is particularly serious or is repeated more than twice in five years.
When LexLint raises it
When your app profile says your app provides telecom services.
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