Electronic Communications Networks and Services (General) Regulations, accessible contract information, contract summary and published information for end-users with disabilities

Regulation 87(2) of the Electronic Communications Networks and Services (General) Regulations, Subsidiary Legislation 399.48, requires the information that a provider of publicly available electronic communications services gives a consumer before the consumer is bound by a contract to be provided, upon request, in an accessible format for end-users with disabilities in accordance with European Union legislation harmonising accessibility requirements for products and services.

Regulation 87(3)(e) requires the concise contract summary that a provider gives a consumer to identify the extent to which the products and services are designed for end-users with disabilities. Point I(5) of Part B of the Eighth Schedule requires providers of internet access services and publicly available interpersonal communications services to give details on products and services designed for end-users with disabilities and how updates on this information can be obtained.

Regulation 88(1) requires a provider of internet access services or publicly available interpersonal communications services that makes the service subject to terms and conditions to publish the Ninth Schedule information in a clear, comprehensive, machine-readable manner and in an accessible format for end-users with disabilities.

Point 2(f) of the Ninth Schedule lists among the information to be published details of products and services, including functions, practices, policies and procedures and alterations in the operation of the service, specifically designed for end-users with disabilities.

The proviso to regulation 88(1) lets the Authority specify additional requirements regarding the form in which that information is published, and the information is supplied to the Authority before its publication at the Authority's request. In specifying any such requirements concerning end-users with disabilities, the Authority consults the Commission for the Rights of Persons with Disability and such other national competent authorities as it considers appropriate.

Decision 10 of the Authority's Decision Notice on Contracts, Transparency and Termination of Services, reference MCA-D/yc/23-4851, published on 22 February 2023, requires a provider of internet access services or publicly available interpersonal communications services that makes its services subject to terms and conditions to publish the Ninth Schedule information, as a minimum, on its website, accessible on or from the same webpage where the service, offer or package is publicised.

Under that Decision Notice, its decisions other than Decisions 13 and 14, Decision 10 among them, apply from 1 September 2023. Regulation 96(1) applies regulations 87(3) and 88(1) to all elements of a bundle that comprises at least an internet access service or a publicly available number-based interpersonal communications service.

Regulation 87(9) and regulation 96(4) extend these information duties to end-users that are micro-enterprises, small enterprises or not-for-profit organisations, unless they have explicitly agreed to waive all or parts of those provisions.

Regulation 84(1) provides that, with the exception of regulations 85 and 86, Part XII of the Regulations, which contains regulations 87, 88, 96 and 98, does not apply to microenterprises providing number-independent interpersonal communications services unless they also provide other electronic communications services. Regulation 84(2) requires undertakings to inform end-users of that exemption through a durable medium before concluding a contract with a micro-enterprise benefiting from it.

Article 98 of Directive (EU) 2018/1972 sets the same exemption for the Directive's Title on end-user rights. Article 2 of the Electronic Communications (Regulation) Act defines end-users with disabilities as persons with disabilities as defined in the Equal Opportunities (Persons with Disability) Act whose special needs as end-users are either due to a disability or related to ageing.

Regulation 89(1) lets the Authority require providers of internet access services and publicly available interpersonal communications services to publish information on measures taken to ensure equivalence in access for end-users with disabilities.

Regulation 98(1) requires the Authority to specify requirements to be met by providers of publicly available electronic communications services so that end-users with disabilities have access to those services, including the related contractual information, equivalent to that enjoyed by the majority of end-users, and benefit from the choice of undertakings and services available to the majority of end-users.

Article 102(1) of Directive (EU) 2018/1972, the European Electronic Communications Code, provides that the contract information is, upon request, to be provided in an accessible format for end-users with disabilities, which regulation 87(2) restates. Article 103(1) of that Directive provides that the information in its Annex IX is published in an accessible format for end-users with disabilities, which regulation 88(1) restates.

Article 102(3)(e) of that Directive requires the contract summary to set out the extent to which the products and services are designed for end-users with disabilities, which regulation 87(3)(e) restates. Point (5) of Part B of Annex VIII to that Directive and point 2.6 of its Annex IX carry the details on products and services designed for end-users with disabilities that the Eighth Schedule and the Ninth Schedule restate.

Article 107(1) of that Directive applies Articles 102(3) and 103(1) to all elements of a bundle, and regulation 96(1) applies regulations 87(3) and 88(1) in the same way. Article 111(1) of that Directive asks Member States to ensure that the competent authorities specify requirements for equivalent access and choice for end-users with disabilities, which regulation 98(1) gives effect to.

The Authority ensures compliance with the Regulations, and a person must comply with any decision of the Authority issued under them notwithstanding any dispute, appeal or legal proceedings. Regulation 116 lets the Authority impose sanctions and take enforcement measures under Part VI of the Malta Communications Authority Act upon any person who acts in breach of any provision of the Regulations.

Article 47(1)(q) of the Electronic Communications (Regulation) Act lets regulations made under that Act empower the Authority to impose administrative penalties of up to EUR 250,000 for each breach and, or EUR 5,000 for each day, and regulation 116 applies Part VI of the Malta Communications Authority Act instead of stating an amount.

Article 33(1) of the Malta Communications Authority Act caps an administrative penalty at EUR 350,000 for each infringement or failure to comply and, or EUR 12,000 for each day of infringement or non-compliance, and its second proviso lets a daily administrative penalty be back dated to the date the infringement was committed or began.

Article 31(2) of the Malta Communications Authority Act lets the Authority withdraw or suspend a related authorisation, or prevent a person from continuing to provide any communications service or network, where the person has seriously and, or repeatedly infringed the law or a decision of the Authority.

Under the proviso to article 33(1), an undertaking whose infringement has especially significant effects on the market to the detriment of competitors or consumers can face a penalty of up to five per cent of its turnover in the preceding calendar year.