The providers of telephony, internet and TV services in the Romanian market have the obligation to publish, on their websites, all the information related to contract termination or to the contract amendment terms. According to ANCOM’s Decision no.158/2015 on the providers’ obligations to inform the end-users, besides information regarding the contract amendment, assignment or termination, the providers must publish the steps to be taken where a user wishes to terminate or a amend a contract.

For example, the operators must indicate, as applicable, the email address, the portal address or the telephone/fax number where the users may send the contract termination request etc. Moreover, if the users are requested the fill in standard forms/applications offered by their provider, the latter must indicate also how the users may obtain these forms. The operators must also publish, on their websites, the applicable penalties in case of early contract termination, if such penalties are charged.

ANCOM advises the users to request contract termination in written format, for example, by submitting requests in the providers’ shops or by e-mail, where their providers offer this possibility, since there may be situations when the users must prove having sent such a request.

According to the same ANCOM decision, all these details must be posted on the providers’ websites in an easily accessible section, and must be presented visibly and in a well-structured manner.

A contract may be amended either upon the users’ request, under the terms provided in the contract or based on direct negotiation with the provider, or upon the provider’s request. In certain situations, a provider has the right to change certain contract clauses – in this case, it has the obligation to inform its users on the extent and content of the amendments, by notifying them at least 30 days prior to the amendments’ entry into force. In this interval, if the users do not agree on the amendments, they can terminate the contract without paying damages. A provider may send the notification by letter, e-mail, SMS, fax or by means of the subscriber’s customer account on the provider’s website – in this case, the notification will be accompanied by an SMS and/or e-mail warning the user on the respective notification. Irrespective of the manner of sending the notification, the operator must ensure the full text of the notification has been sent, without making reference to other sources of information. Furthermore, the notification must be independent from any advertising materials.

Moreover, the providers have the obligation to publish, on their website, the service provision terms, the framework-contract and the terms and conditions applicable for prepaid cards, the traffic management and measuring techniques and the policy for service use, the service provision area, as well as the procedure for handling end-users’ complaints.

Where a provider has amended a contract without having notified or informed the users on the possibility to terminate contract without paying damages, ANCOM may take measures. Complaints may be sent here. Further details on the contracts concluded with a provider and on the information the providers have the obligation to publish on their website is available in the InfoCenter section on ANCOM’s website.

ANCOM’s Decision no. 158/2015 enters into force in June and lays down the categories of information that electronic communications providers must bring in front of the users.

October 14, 2015