RomaniaANCOM Decision 73/2023 on the information obligations to end users, information in accessible formats for end users with disabilities
Decizia ANCOM nr. 73/2023 privind obligaţiile de informare a utilizatorilor finali și alte măsuri pentru protecția acestora art. 1, art. 5 alin. (1), art. 10 alin. (2), art. 12, art. 17 și art. 24
In force.
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide internet access services, voice, SMS or MMS communications services or transmission services used for audiovisual media services, make the information that Articles 5 to 11 of the Decision require you to make available to the public, among it your tariff plans, the sections of your website those articles require and your complaints-handling policy, available to end users with disabilities in an accessible and relevant format adapted to the different types of disability (Art. 12; implements Directive (EU) 2018/1972, Art. 103(1)).
- If you have your own website, keep in an easily accessible place a section on free access to the emergency services through 112, on the conditions on which caller location is provided and on any limits on that access, and make that information available to end users with disabilities in an accessible and relevant format adapted to the different types of disability (Art. 10(2)).
- If you provide voice communications services that originate calls to numbers in the national or international numbering plans, inform the public through your contract documents and bills that the emergency services can be reached free of charge through 112, and make that information available to end users with disabilities in an accessible and relevant format adapted to the different types of disability (Art. 17).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 143(1)(a) of the code fines a contravention of Article 142 from 5,000 lei to 60,000 lei, and up to 100,000 lei for repeated breaches. Article 143(1)(b), in derogation from Article 8(2)(a) of Government Ordinance 2/2001, lets the fine reach up to 5 percent of turnover, and up to 10 percent for repeated breaches, for a person whose turnover exceeds 3,000,000 lei. Turnover is the figure in the last annual financial statement the operator reported (Article 143(3)). Article 151(1) separately lets ANCOM impose administrative fines of up to 30,000 lei for each day of delay to compel the compliance it lists. Article 143(7) lets the offender pay, within 15 days of receiving or being notified of the contravention report, half of the fine applied, in derogation from Government Ordinance 2/2001. Article 149(1)(a) lets ANCOM, once a contravention is found, order the infringement to end and the measures needed to remedy it, and Article 151(1)(e) lets the daily fines compel compliance with those measures. The amounts are in lei and are those of the consolidated text of the code to .
- Rule
- Higher of
- As of
- Minimum
- 5,000
- Currency
- RON
- Fixed cap
- 60,000
- Turnover percentage cap
- 5
Who enforces it
Enforcement body
The National Authority for Administration and Regulation in Communications (ANCOM), whose control staff record the contraventions (Government Emergency Ordinance 111/2011, Articles 137(1) and 144(1))
What it reaches
Instrument type
a regulation made under an act
Obligation class
Disclosure
Applicability criteria
Article 5(1) requires a provider that has reported at least 1,000 subscribers or connections ("cel puţin 1.000 de abonați/conexiuni") for any of the services to create its own website; Article 5(6) lets a provider below that figure that has no website give the information on request in printed form or, if the user agrees, on another durable medium.
- As of
- Combinator
- All of
- Criteria
- a provider of internet access services, of voice, SMS and MMS communications services or of transmission services used for the transmission of audiovisual media services (Article 1(1))
- not an internet access service provided to the general public through radio local area networks ("RLAN", Article 1(2))
- not a transmission service used for the provision of services between devices, to which only Article 13 and Annex 3 apply (Article 1(3))
What this law does
ANCOM Decision 73/2023 on the information obligations to end users and other measures for their protection was published in Monitorul Oficial no. 131 of , and ANCOM's page for it records it as in force. Article 1(1) sets obligations on providers of internet access services, of voice, SMS and MMS communications services and of transmission services used for audiovisual media services, among them on the information to be made available to the public.
Article 1(2) and (3) exclude internet access services provided to the general public through radio local area networks and, apart from Article 13 and Annex 3, transmission services used for services between devices. ANCOM made the Decision pursuant to Article 60(1) to (6) and (8), Article 63(1) and Article 70(15) and (16) of Government Emergency Ordinance 111/2011, among other provisions.
Article 12 requires the information that Articles 5 to 11 cover to be made available to end users with disabilities in an accessible and relevant format, adapted to the different types of disability, in line with the secondary legislation ANCOM issues on the protection of end users with disabilities.
Article 10(2) requires a provider with its own website to create, in an easily accessible place, a section on free access to the emergency services through 112, on the conditions on which caller location is provided and on any limits on that access, and to make that information available to end users with disabilities in an accessible and relevant format adapted to the different types of disability.
Article 17(1) requires providers of voice communications services that originate calls to numbers in the national or international numbering plans to inform the public, through contract documents for end users and through bills, that the emergency services can be reached free of charge through 112. Article 17(2) requires that information to be made available to end users with disabilities in an accessible and relevant format, adapted to the different types of disability.
Article 12 implements, for the information it covers, Article 103(1) of Directive (EU) 2018/1972, which requires the information in its Annex IX to be published in an accessible format for end-users with disabilities. Article 24(2) repeals ANCOM Decision 158/2015 on the information obligations to end users from the day the Decision comes into force.
Article 142, point 25, of the code makes the breach of the duty to make public the Article 60 information, on the conditions set pursuant to Article 60(5), a contravention. Article 142, point 37^3, does the same for the measures and obligations ANCOM imposes to inform the public pursuant to Article 70(15) and (16). ANCOM control staff find these contraventions pursuant to Article 144(1).
When LexLint raises it
When your app profile says your app provides telecom services or ships a consumer interface.
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