As of 21 December 2020, electronic communications service providers will have to provide users of their services a summary of the contract based on the standard template included in the regulation.
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1. What is in the contract summary?
The contract summary is a standardised one page sheet (for one service) or up to three pages (for a bundle) provided to every consumer and other users, such as microenterprises, of electronic communications services prior to the conclusion of the contract. It includes a concise and easily readable presentation of the main information that service providers are required to provide to consumers, such as provider’s contact details, description of the service, speeds of the internet service, price, duration, renewal and termination of the contract and features for end-users with disabilities.
2. Will the contract summary replace the information that consumers need to receive before concluding the contract?
No, but it provides a summary of the important information that providers must give to consumers before concluding the contract.
3. Can a provider of the internet service, mobile telephony or other services give only part of the information required by the implementing regulation?
The implementing regulation includes a summary template, which provides a number of items and instructions for service providers on how to complete it. However, some of the items are to be given only where applicable. For example, if a service does not include an internet service, details on speeds of the internet services cannot be given and are not required either.
4. Why is there a need for a contract summary?
The European Electronic Communications Code and general consumer protection legislation sets out consumer information requirements that apply to providers of publicly available electronic communications services. The contract summary aims to help providers to better present information about the main elements of the contract, so that consumers can better compare different offers for communications services prior to the conclusion of a contract. Comparison will become easier as all providers will inform consumers about the same main elements of the contract in a uniform manner.
5. Does the contract summary mention all the rights and obligations of the provider and the consumer?
The purpose of the contract summary is to enable consumers to make well-informed choices. It does not include all terms and conditions of a specific contract. It does not mention all rights and obligations of the parties according to Union law and national law. For example, the consumer may have the right to terminate the contract for reasons other than the ones mentioned in the summary, such as in the event that the service provided is not in conformity with the contract.
6. Where can the consumer get the contract summary?
The electronic communications service providers must make available the summary to every consumer prior to the conclusion of the contract. The summary may be provided in a similar way as the contract can be concluded: e.g. on paper in a shop or online.
7. Does the consumer need to ‘sign’ the contract summary in the same way as the contract?
The contract summary is provided as part of e.g. an online offer or paper contract in a shop in order to facilitate choice and comparability between different offers for consumers. It does not need to be separately signed by the consumer.
8. Is the contract summary a legally binding document?
The summary includes main elements of the information that providers must provide the consumer before conclusion of the contract (pre-contractual information). The contract shall become effective when the consumer has confirmed agreement after reception of the summary. Once the contract is concluded, the pre-contractually provided information as well as the contract summary constitute an integral part of the contract.
9. What happens if a consumer signs the contract before seeing the contract summary template?
According to the European Electronic Communications Code, the contract will become effective when the consumer has confirmed his or her agreement after reception of the contract summary.
10. Is the summary provided for post-paid only or also for pre-paid services?
The contract summary is to be provided for both post-paid and pre-paid offers of the relevant electronic communications services.
11. Is the template to be provided also to businesses or only to consumers?
In addition to consumers, the contract summary is to be provided also to microenterprises, small enterprises and not-for-profit organisations, unless they have explicitly agreed not to require the summary, as set in the European Electronic Communications Code.
12. Will the contract summary be provided only in the local language or should it be provided in all EU languages in all countries, so that consumers can really compare the offers in the EU?
As the Electronic Communications Code does not regulate this matter, Member States may maintain or introduce in their national law language requirements regarding contractual information to be provided by providers of electronic communications services.
13. Why was this implementing regulation adopted?
As one of the new improved consumer protection measures, the European Electronic Communications Code (EECC) introduced the requirement to provide a contract summary for consumers. The European Electronic Communications Code empowers the Commission to adopt an implementing act establishing a template for the summary.
14. Does the implementing regulation change existing electronic communications rules in the EU?
No. The implementing regulation is part of the updated EU telecommunications rules, the European Electronic Communications Code, and is based on these rules. The implementing regulation does not establish new requirements, but specifies how the summary is to be provided and the main elements to be included in the summary, based on the European Electronic Communications Code.
Source: European Commission
