ItalyAuthority for Communications Guarantees regulation on end-user contracts for electronic communications services (Resolution 307/23/CONS, Annex B), Article 4(2) to (6), accessible contract information
Delibera AGCOM n. 307/23/CONS, Allegato B, art. 4, commi 2-6
In force.
An accessibility requirements rule binding public and private bodies.
What it requires
- If you offer publicly available electronic communications services, other than transmission services used for the provision of machine-to-machine services, provide the contract information in a format accessible to end-users with disabilities in accordance with Union law harmonising the accessibility requirements of products and services, before the consumer is bound by a contract or a corresponding offer (Regulation, Article 4(2)).
- Include in the minimum contract information the detailed information on products and services intended for end-users with disabilities and on how updates to it can be obtained (Regulation, Article 4(3), point 6).
- State in the contract summary 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 (Regulation, Article 4(5)(e) and (6)).
- Give the information of paragraphs 2, 3, 5 and 7 also to microenterprises, small enterprises and not-for-profit organisations, unless they have expressly agreed at the conclusion of the contract to waive all or parts of those provisions, and put into their contract the clauses that allow the express waiver (Regulation, Article 4(4)).
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 11 of the regulation applies to any other violation of the regulation the fine of Article 30(19) of the Code, EUR 25,000 to EUR 5,000,000 and, in the most serious cases, up to 5% of the turnover in the last approved accounts. 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
a regulation made under an act
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- offers publicly available electronic communications services, other than transmission services used for the provision of machine-to-machine services (Regulation, Article 4(2))
What this law does
Resolution 307/23/CONS was adopted on and published on the Authority's website on . The resolution approves the regulation of Annex B on the protection of end-users in contracts for the supply of electronic communications services. Article 2 of the regulation applies it to contracts between operators and end-users, without prejudice to the provisions that refer expressly only to consumers and to microenterprises, small enterprises and not-for-profit organisations.
Article 4(2) requires operators offering publicly available electronic communications services, other than machine-to-machine transmission services, to provide the contract information in a format accessible to end-users with disabilities in accordance with Union law harmonising the accessibility requirements of products and services.
Article 4(3), point 6, adds among the minimum information the detailed information on products and services intended for end-users with disabilities and on how updates to it can be obtained.
Article 4(4) extends the information of paragraphs 2, 3, 5 and 7 to microenterprises, small enterprises and not-for-profit organisations, unless they have expressly agreed at the conclusion of the contract to waive all or parts of those provisions, and requires the contract to contain the clauses allowing that waiver. Article 4(5)(e) requires the contract summary to state the extent to which the products and services are designed for end-users with disabilities.
Article 4(6) requires the summary to be given in the Commission template of Implementing Regulation (EU) 2019/2243, free of charge and before the contract is concluded, also for distance contracts. Article 11 of the regulation applies to a violation the fine of Article 30(19) of the Code, without prejudice to the sanction of paragraph 15 of that Article for conduct that violates Article 98-quaterdecies.
Article 30(19) of the Code sets that fine at EUR 25,000 to EUR 5,000,000, with a higher turnover-based ceiling in the most serious cases. Article 30(15) of the Code fines a violation of the provisions of Title III of Part III, which include Article 98-quaterdecies, with EUR 170,000 to EUR 2,500,000.
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.
The resolution applies the regulation to all contracts irrespective of when they were concluded, except that the rule of Article 5(5) on no termination costs after the twenty-fourth month applies to contracts concluded after the publication of the resolution, and requires the provisions that need developments of the systems to be implemented within six months of the regulation's entry into force.
When LexLint raises it
When your app profile says your app provides telecom services.
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