15.06.2023

Before concluding a contract, the providers are required to provide the users with a series of detailed, clear and relevant information regarding the electronic communications services they are to benefit from.

In addition, the users must receive from the provider a set of essential information, drafted in a simple and comprehensible form, provided on a durable medium or, if the provision on a durable medium is not possible, in a document which can be easily opened, viewed and downloaded, as a summary. The summary has a standard, simple format, and the process of pre-contractual information binds the entry into force of the contract by the receipt of the contract summary.

The contract summary format applies to all providers and allows users to compare more easily between the service offers. The template can be viewed here.

Content of the contract summary

The contract summary must contain the main elements of the offer, such as:

• the name, address and contact information of the provider, including for receiving complaints;
• the main features of each service provided;
• the prices due for the activation of the electronic communications, as well as any recuring or consumption related fees;
• the contract period and the conditions for its renewal and termination;
• a summary of information regarding the quality parameters and the remedies available to the consumer in the case of the internet access services.

In the case of the contracts concluded with the end-users with disabilities, the information and the characteristics of the contracted products and services must be adapted to this category of consumers. 

The legal framework

In the electronic communications field, Government Emergency Ordinance no. 111/2011, as amended and complemented by Law no. 198/2022, provides a series of rights for the users of publicly available electronic communications services. Mainly, Law no.198/2022 amending and completing certain normative acts in the field of electronic communications and establishing measures to facilitate the development of electronic communication networks has transposed into the national legislation the Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code.

The summary template is in line with Regulation (EU) no. 2019/2243 establishing a template for the contract summary to be used by providers of publicly available electronic communications services pursuant to Directive (EU) 2018/1972 of the European Parliament and of the Council.

ANCOM also completed the legal framework by ANCOM Decision no. 73/2022 regarding the obligations to inform the end-users and other measures for their protection. The objective of the ANCOM Decision no. 73/2022 is to ensure that the providers of internet access services, voice, SMS and MMS communications services and audiovisual media transmission services make available and publish in a uniform manner through their own means complete, up-to-date and comparable information,  which would enhance the transparency towards the end-users, meeting their current information needs, as they are increasingly moving towards service bundles offers (fibre internet, cable TV, fixed and mobile voice services and other).

What, how and where do you complain

ANCOM may take measures if the provider has not submitted the pre-contractual information and/or the contract summary or if the minimum contractual period is longer than 24 months, according to the law.  Complaints can be submitted here.

ANCOM InfoCentre

More information regarding the contracts for the provision of publicly available electronic communications services can be found on the ANCOM InfoCentre section.