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European Electronic Communications Code – Transposition Status

Current as of July 28, 2022

The purpose of this page is to track the implementation of the European Electronic Communications Code (EECC) across European member states and the UK. You can see implementation at a glance via the map below, or click on the links for each country to see a detailed summary of current status.

Europe Focus

Please note that this material has been published for informational purposes only and does not constitute legal advice.

Please note that the UK has adopted a phased approach, with only a few consumer pieces to be implemented next year.

Choose a country from the list below to view its current implementation status.

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic,

Denmark, Estonia, Finland, France, Germany, Greece,

Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,

Malta, Netherlands, Norway, Poland, Portugal, Romania,

Slovakia, Slovenia, Spain, Sweden, UK



Austria

Current status: Implemented as of November 1, 2021.

Legislation

New Austrian Telecommunications Act

This legislation entails network security aspects, including supply chain requirements for high-risk suppliers of telecommunications hardware, and consumer protection provisions, as well as specific data protection requirements for the telecommunications sector. The law also provides for the inclusion of number-independent interpersonal communication services and obligations for contracts.

The Number Portability Ordinance 2022 regulation on number porting between mobile voice communications entered into force on May 11, 2022.

The new regulation will adapt the existing provisions to the legal basis provided in the Austrian Telecommunications Act 2021. Of particular interest are the exemption from charges for number portability for end users, the discontinuation of the existing end user contract ex lege unless otherwise agreed, and the extension of the option for subsequent number portability to one month after the end of the contract.

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Belgium

Current status: Implemented January 10, 2022 unless detailed below.

Legislation

Law Transposing the European Electronic Communications Code and amending various provisions relating to Electronic Communications

The new act implements the EECC and some other provisions:

  • Enhancing easy switching between telecom providers
  • Forcing telecom providers to propose the most affordable prices to existing customers annually
  • Enabling easier screening for text messages so telecom operators are able to block spam messages

Most of the provisions entered into force shortly after the publication of the act on January 10, 2022.The provisions whose entry into force differ are the following:

  • Article 143 – Implementation of article 102 of the EECC, regarding the requirements of information in contracts, and article 105, are immediately applicable to existing contracts, unless for the obligations to which an explicit derogation of the consumer is possible; those enter into force in two years for contracts of an undefined period.
  • The same is provided for article 167, transposing article 107 of the EECC (bundled offers).
  • Article 145, implementing annex VI, section 1 of the EECC, regarding the detailed invoice, entered immediately into force to existing contracts.
  • Article 150, implementing article 105, §3 of the EECC (contract duration and termination), regarding the possibility for final users to terminate the contract at any time with a maximum notice period of one month, entered into force immediately to existing contracts.
  • Article 121, regarding certain requirements on the compensation of the social component of the universal service, will enter into force at a date yet to be determined by a Royal Decree.
  • Article 134 – On the possibility to adopt a Royal Decree providing for certain obligations to operators for the general interest. The Royal Decree may also give the Belgian Institute for Post and Telecommunications the power to impose prices to operators, for public interest. This article enters into force on the day the Royal Decree enters into force.

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Bulgaria

Current status: Implemented as of March 9, 2021.

Legislation

All legislative steps have been taken and the EECC is now fully implemented.

The law provides for a number of changes on emergency calling requirements, competition and network requirements and consumer protection measures.

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Croatia

Current status: Implemented as of July 12, 2022.

Legislation

Electronic Communications Act (OG 76/22)

The new act will enable the accelerated development of electronic communications networks that will ensure the necessary connectivity and availability of very high-capacity networks, including fixed, mobile and wireless networks, and their use by all citizens and entrepreneurs. Further development of competition is also expected, both in the field of infrastructure and services, through securing conditions for new investments in electronic communications networks and services.

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Cyprus

Current status: Implemented as of March 4, 2022.

Legislation

The Law on Regulation of Electronic Communications of 2022 is the main piece of legislation transposing the directive, published in the Official Gazette of the Republic of Cyprus on March 4, 2022.

An additional two pieces of legislation have been passed, amending the Regulation of Electronic Communications and Postal Services Law and the Radiocommunications Law, which will essentially now be covered by the Law on the Regulation of Electronic Communications of 2022.

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Czech Republic

Current status: Fully adopted.

Legislation

Amendments to Act No. 127/2005

On October 19, 2021, the Czech government published an amendment to the telecommunications law to improve competition in the market and the use of radio spectrum, reflecting technological innovations and development of broadband networks, and the protection of electronic communication services users.

The amendment implemented the EECC and, alongside making the aforementioned changes, it also affected  the definition of terms, including electronic communication services, emergency calls and data retention.

Other relevant legislation:

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Denmark

Current status: Implemented as of December 8, 2020.

Legislation

Act to amend the Electronic Communications Networks and Services Act, the Radio Frequencies Act and various other Acts

Decree on end-user rights in the telecommunications area

The issues now covered by Danish law include:

  • Number-independent interpersonal communications services
  • Stronger consumer protection ensuring transparency and support for consumer choice
  • Stimulating investment incentives for companies in digital infrastructure through increased competition and greater predictability of the regulation
  • Promoting the roll-out of digital infrastructure, including easier access to establish wireless access points with limited range for use of, among others, 5G networks

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Estonia

Current status: Entered into force February 1, 2022 unless detailed below

Legislation

Electronic Communications Act, the Building Code and State Fees Act Amendment Act

The act Amending the Electronic Communications Act, the Building Code and the State Fees Act 437 SE transposes the EECC, into Estonian law.

The entry into force of the act varies, as follows:

  • Clauses 29, 31, 32, 35, 36, 43, 45 and 46 of this act entered into force on March 1, 2022
  • ·§2 of this act entered into force on April 1, 2022
  • Clause 120 of §1 of this act enters into force on June 28, 2025
  • Clause 108 of §1 of this act enters into force on January 1, 2028

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Finland

Current status: Implemented as of January 1, 2021.

Legislation

Reform of the Act on Electronic Communication Services

This has fully implemented the EECC into Finnish law.

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France

Current status: Implemented as of May 26, 2021.

Legislation

Transposition of the European Electronic Communications Code

The EECC is fully implemented in France. Changes include:

  • The definition of electronic communication services is broadened/made more specific to include services, such as over-the-top (OTT) services, machine-to-machine (M2M) services, etc.
  • Some of the obligations imposed on electronic communication operators are modified, e.g., prior notification to the French telco regulator, ARCEP, is no longer required
  • Deployment of high-capacity networks is facilitated
  • Rules related to national emergency service are modified, callers geo-tracking, “reverse” notification
  • Access and interconnection rules are strengthened
  • New ex ante regulatory obligations apply to operators having significant market power on a given market (under the joint control of ARCEP and the French competition authority)
  • Rules related to the assignment of radio spectrum numbering have been adjusted to optimize the use of spectrum bands and to facilitate the development of new service offers such as the internet of things (IoT)

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Germany

Current status: Implemented as of December 1, 2021.

Legislation

Telekommunikationsmodernisierungsgesetz (TKMoG)

The TKMoG transposes the EECC into national law. It became effective from January 12, 2021.

The act removes obstacles to the expansion of mobile and cable-based telecommunications networks, to create legal and investment security, to ensure the nationwide provision of telecommunications services and to provide incentives for the expansion of fiber-optic networks.

Some of the changes include:

  • The scope of application will include all enterprises or persons operating telecommunications networks or telecommunications installations or providing telecommunications services within the scope of the act, as well as other persons entitled and obliged under the act – this is true even if there are no registered offices in Germany
  • The definition of “telecommunications service” is extended to include:
  1. Internet access services
  2. Interpersonal telecommunications services
  3. Services that consist wholly or mainly of the transmission of signals, such as transmission services used for machine-to-machine communications and for broadcasting
  4. However, number-independent interpersonal telecommunications services are exempt from the notification requirement

  • Provider switching and number portability shall be carried out under the direction of the acquiring provider
  • A statutory entitlement to be provided with a high-speed internet access service is introduced for end users under the new rules

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Greece

Current status: Implemented as of September 23, 2020.

Legislation

Digital Governance (Transposition to the Greek Legislation of Directive (EU) 2016/2102)

Electronic Communications (Transposition to the Greek Law of Directive (EU) 2018/1972 and other provisions

The law classifies the legislation on digital governance, updating the relevant provisions and transposing Directive 2018/1972 EU.

Additionally, it replaces, to an extent, law 4070/2012, and defines the competence of the Ministry of Digital Governance and the Hellenic Telecommunications and Post Commission (EETT), as well as the Hellenic Authority for Communication Security and Privacy. The G-Cloud (public sector), the RE-Cloud (research sector) and the H-Cloud (health sector) are updated and reinforced while the cloud first policy principle is implemented.

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Hungary

Current status: Implemented as of December 21, 2020.

Legislation

Electronic Communications Act (Act LXXXV of 2020 amending Act C of 2003 on electronic communications as regards the obligation to transpose the directive establishing the European Electronic Communications Code).

The EECC has been fully implemented into Hungarian law.

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Iceland

Current status: Implemented as of September 1, 2022.

Legislation

All legislative steps have been taken and the EECC is now fully implemented.

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Ireland

Current status: Not yet implemented. Potential implementation by 2022.

Legislation

Proposed European Union (Electronic Communications Code) Regulations, 2022 and the Communications Regulation (Enforcement) Bill, 2022

The Department of the Environment, Climate and Communications has published draft legislation intended to give effect to the EECC. The Communications Regulation (Enforcement) Bill aims to achieve five objectives:

  • The bill will designate ComReg as the competent authority for the purpose of enforcing the code and transpose the enforcement elements of this directive.
  • The bill will provide ComReg with a new civil enforcement regime and an updated criminal enforcement procedure for the electronic communications sector.
  • The bill will transpose the security provisions of the EECC (Article 40 and 41) and, in so doing, will provide a mechanism for the minister to specify security measures by regulation and to make guidelines relating to network security and to provide a legislative basis to enforce the electronic communications security measures.
  • The bill will provide for an enhanced alternative dispute resolution process for consumers, a new power for ComReg to set minimum quality of service standards that operators must guarantee to their consumers, a new compensation scheme that will entitle consumers to compensation for specific customer service failings on the part of their operator and a new “Customer Charter” that will clearly set out the standards consumers can expect their services to provide. These measures will also give effect to Articles 25, 104 and 106(8) of the EECC.
  • Finally, the bill will make several amendments to the Communications Regulation Act, 2002 to update ComReg’s investigatory and prosecutorial powers.
  • Most of the EECC will be given effect in Ireland by way of secondary legislation, namely the European Union (Electronic Communications Code) Regulations, 2022.

The government’s Summer 2022 Legislation Programme includes the bill as a priority item.

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Italy

Current status: Implemented as of December 24, 2021.

Legislation

Italian Electronic Communications Code establishing the EECC announced as a Legislative Decree.

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Latvia

Current status: Not yet implemented – date to be determined.

Legislation

Draft not yet finalized.

On July 14, 2022, the Latvian parliament (Saeima) adopted the Law on Electronic Communications in the second review.

The Cabinet of Ministers was instructed to submit a draft law to the Saeima by the end of 2022, which ensures the compliance of the regulations in the field of stored data contained in the Law on Electronic Communications with the legal norms of the EU and the constitution.

The law stipulates that until the date of entry into force of the relevant amendments, the electronic communications merchant shall release the stored data to the institutions mentioned in the law in accordance with the procedures specified in the relevant procedural laws, if the release of such data is necessary and justified.

The new law envisages ensuring technologically neutral regulation of electronic communication networks and services, integrity and connectivity of networks and continuity of service provision. The law also provides for the rational and efficient use of numbering, radio frequency spectrum and the top-level domain.

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Lichtenstein

Current status: Undefined.

Legislation

The EECC has been incorporated into the European Economic Area (EEA) Agreement and the transposition obligation has started. It is expected that the bill for the Electronic Communications Code will be presented to parliament in the fall 2022.

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Lithuania

Current status: Implemented as of December 1, 2021.

Legislation

Law of the Republic of Lithuania on Electronic Communications No. Act Amending IX-2135

The law transposes the EECC into the Lithuanian national law. The communications regulatory authority, Rysiu Reguliavimo Tarnyba (RRT), summarizes the key changes as follows:

  • The broader definition of an “electronic communications service” is now broken down as follows:
    • Internet access services
    • Interpersonal communication services
    • Services consisting mainly of signal transmission
  • Changes to radio spectrum management, by way of an EU-wide harmonization of the allocation and use of spectrum. There is also a longer period of validity (20 years) for authorizations to use EU-wide harmonized spectrum.
  • In terms of access to ultra-high bandwidth networks, operators will be encouraged to co-invest in high-bandwidth public communications networks (both fixed and mobile), thus sharing business risk. An operator with significant market power (SMP) will be able to co-invest in the construction of new networks under clear and transparent conditions.
  • The RRT will be required to conduct market research every five years, instead of three as before, to ensure the consistency of the regulatory environment and reduce the administrative burden.
  • The scope of universal electronic communications services has been revised and the obligation to provide telephone services via payphones will be abolished, but the obligation to provide affordable universal e-communications services to certain groups of consumers will be introduced.
  • Favorable changes to ensure the protection of consumer interests. The adoption of legislation implementing this law will make it simpler and easier to change service provider for consumers using both interpersonal communications and internet access services.

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Luxembourg

Current status: Implemented as of December 26, 2021.

Legislation

Law of 17 December 2021 transposing Directive (EU) 2018/1972  of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code and amending the amended law of 30 May 2005 on:

(1) Organization of the Luxembourg Regulatory Institute

(2) Modification of the amended law of 22 June 1963 establishing the salary system for civil servants

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Malta

Current status: Legislation has been passed to implement the EECC.

Legislation

Communications Laws (Amendment No. 2) Act, 2021(Act No. LII of 2021)

Malta has now passed legislation to adopt the EECC through various new regulations and laws. Most of Malta’s existing telecommunications regime will be amended to transpose the EECC.

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Netherlands

Current status: Implemented as of March 1, 2022.

Legislation

Decision of 24 February 2022 amending various orders in council with regard to the implementation of Directive (EU) 2018/1972.

Essentially, all EECC implementation act provisions have entered into force, except for some limited e-privacy-related provisions. Amendments of certain subordinate legislation to implement the EECC are also now in force including:

  • Expansion of telecom regulation to number-independent interpersonal communications services
  • Framework for access and interconnection on a wholesale level
  • Access remedies for providers with significant market power
  • Universal service obligations
  • Number portability rules
  • Information requirements for consumers, including small and medium-sized enterprises (SMEs)
  • Information requirements for all end-users
  • Extension of requirements to bundled offers
  • Equivalent access for end-users with disabilities
  • Access to the European emergency number

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Norway

Current status: Undefined.

Legislation

The EECC has been incorporated into the European Economic Area (EEA) Agreement and the transposition obligation has started. It is expected that the bill for the Electronic Communications Code will be presented to parliament in the fall 2022.

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Poland

Current status: Partially implemented.

A full implementation of the EECC is expected with the adoption of the Electronic Communications Law (ECL). However, the full measures are not yet in force.

Legislation

Draft Law on Electronic Communications

The draft legislation aims to comprehensively transpose the EECC and will replace the current law on electronic communications in its entirety. It will regulate:

  • Direct carrier billing
  • Expand its scope to chat services (number-independent interpersonal communication services)
  • Use of public telecommunication networks as an addition to another service will not always be treated as conducting telecommunication business activity

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Portugal

Current status: Draft law approved by Council of Ministers.

Legislation

Government update

Draft measures to implement the EECC have been adopted in Portugal, but there has been slow progress on the final adoption of the instrument and the provisions of the EECC into national law.

This legislation aims to:

  • Guarantee the deployment and access to very high-capacity networks
  • Regulate the allocation and access to spectrum, namely 5G spectrum
  • Ensure the protection of consumers, who are increasingly dependent on data traffic and internet access services, not neglecting special attention to the most vulnerable users, such as low-income users

The new legislation maintains the framework of competences of the national regulatory authority (ANACOM), without prejudice to the involvement of various other public administration actors such as the government, autonomous regions or local authorities.

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Romania

Current status: Implemented as of July 10, 2022.

Legislation

Law No. 198/2022

The legislation amends and supplements certain regulatory acts in the electronic communications sector and establishes certain measures to facilitate the development of electronic communications networks.

It broadens the scope of application of the rules in the electronic communications sector by extending the definition of the electronic communications services (ECS) to cover number-independent interpersonal communications services, among others. This category may cover certain activities carried out by email providers, internet calls and instant messaging through different platform providers, as well as other OTT services providers.

This has several practical implications, including the fact that the electronic communications-related requirements will be imposed on the new categories of ECS providers that now fall within the scope of the legislation.

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Slovakia

Current status: Implemented as of February 1, 2022.

Certain provisions in the act enter into force on different dates:

84 para. 12, § 88, 89 and § 116 par. 12, enters into force August 1, 2022.

116 par. 7 to 10, enters into force November 1, 2022.

Legislation

Electronic Communications Act No. 452/2021

The new law regulates the following topics:

  • Authorization to provide networks or services
  • Network operation
  • Frequency and number management
  • Access and interconnection
  • Competition
  • Provision of services
  • Security and integrity of public networks and services
  • Protection of privacy and personal data
  • Provision of subsidies in the electronic communications sector
  • Supervision by the office of public regulated services
  • Sanctions

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Slovenia

Current status: Not implemented.

Legislation

Draft Law published

Earlier in 2022, the National Assembly decided that the proposal for a new law on electronic communications, the aim of which would be to strengthen the security of public communications networks and services, was not suitable for further consideration.

On July 1, 2022, the National Assembly decided to put the Electronic Communications Act forward for further consideration.

The draft proposal promotes connectivity and the use of high-performance networks throughout Slovenia, and at the same time makes it easier for consumers to change service providers, as the exchange may not incur any direct costs. The bill further provides affordable broadband internet access that will enable the use of a wide range of services for all consumers, regardless of their location and income.

The bill envisages the establishment of a public notification and alarm system, so that by sending warnings to users on their mobile phones in the event of a natural disaster or other emergency, their lives and property will be more effectively protected. Operators will be provided with greater regulatory predictability and, as a result, greater security for their investments, as the draft law foresees that licenses for the use of radio frequency spectrum for wireless broadband networks will be issued for a longer period, namely for 20 years, which encourages larger investments, especially in 5G connectivity.

The draft law will strengthen the security of communication networks and services, which is particularly important due to the increased risks brought by 5G technology and increasingly tough international conditions.

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Spain

Current status: Implemented as of June 28, 2022.

Legislation

Act 11/2022, of 28 June 2022, on General Telecommunications

The new act introduces new developments of interest to the telecommunications sector, including a new classification of electronic communications services, the creation of a single point for information and processing of permits for the deployment of networks, the strengthening of users’ rights, and the optimization of the processing of the general operators fee.

The act’s main objective is to promote investment in very high-capacity networks. Important changes are introduced in the public radioelectric domain, incorporating measures to facilitate the shared use of the radioelectric spectrum by operators and avoiding undue restrictions on the implementation of wireless access points for small areas. The act also incorporates advances in the protection of the rights of end-users of telecommunications services.

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Sweden

Current status: Implemented as of June 3, 2022.

Legislation

New Electronic Communications Act (2022:482) on electronic communication

Ordinance (2022:511) on electronic communications

The new act introduces new and detailed rules regarding the information that shall be provided to end-users before entering into an agreement. The Post and Telecom Authority is additionally provided the power to impose penalty fees for certain types of violations. The penalty fee shall be set at a minimum of SEK5,000 and a maximum of SEK10 million.

Many of the provisions in the new act correspond to those of the former Electronic Communications Act. However, the following amendments are of interest:

  • Number-independent interpersonal communications services, such as email and messaging services, are covered by the new act
  • An obligation for providers of publicly available electronic communications services to provide a contract summary before entering into an agreement with a consumer
  • Obligations regarding bundles

Further, a new Electronic Communications Ordinance and a number of new regulations from the Post and Telecom Authority entered into force on June 3, 2022.

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UK

Current status: Partially implemented excepting certain end-user rights requirements.

Legislation

The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020

Provisions within the legislation include:

  • Mobile providers banned from selling locked mobile devices
  • Extended rules on accessibility for disabled customers
  • New rules for bundles, including other services or equipment sold with a communication service
  • Better contract information and stronger termination rights

In addition to this statutory instrument, Ofcom’s General Conditions had to be taken into account, as the more granular requirements outlined in the EECC are enforced through these conditions.

Improved switching processes for landline, broadband and mobile provisions have been proposed for April 2023.

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