The telecommunications field is regulated by the Electronic Communications Act, Chapter 9 of which governs telecommunications services to end-users and the protection of end-users rights. Among other things, it lays down the requirements for the conclusion and conditions of a telecommunications service contract, the rectification of faults, the limitation of telecommunications services, the amendment, and termination of a contract.
In contractual matters, the Law of Obligations must also be followed. For example, when concluding a contract through distance communication, the rules on distance contracts and contracts concluded through a computer network must be complied with, which impose, among other things, pre-contractual information requirements and the consumer's right of withdrawal.
In the case of standard-form contracts, the standard terms and conditions must be made known to the consumer at the time of the contract's conclusion and are presented to the consumer so that they become part of the contract.
Standard terms and conditions may not contain terms and conditions that surprise the consumer. A typical contract term shall not be regarded as forming part of the contract if its content, form of expression, or presentation is so unusual or incomprehensible that the other party to the contract (the consumer) could not reasonably have expected it to be included in the contract or could not have understood it without significant effort.
Also, the use of unfair terms to the consumer is not allowed in standard terms. The list of standard terms and conditions that are considered unfair to the consumer in a contract is set out in Section 42(3) of the Law of Obligations Act.
The Consumer Protection Act, which is designed to ensure consumer rights, regulates, among other things, the offer and sale of goods or services to consumers or the marketing of goods or services by a trader.
Consumer information requirements and the prohibition of unfair commercial practices under the Consumer Protection Act must also be respected when providing communications services. Unfair commercial practices, including misleading and aggressive commercial practices, are prohibited.
Last updated: 07.04.2021