Publication date: 11.07.2024
Consumer protection in the telecommunications sector
The telecommunications industry plays a key role in modern society, providing people with communication facilities, access to the Internet and other communication services. Due to the constant development of technology, the importance of consumer protection in this area is also growing. In Ukraine, consumer protection in the telecommunications sector is regulated by a number of laws and regulations that define the rights and obligations of consumers and service providers, as well as the mechanisms for protecting consumer rights. In this article, we will consider the main aspects of consumer protection in the telecommunications sector, the legal framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal and regulatory framework
Consumer protection in the telecommunications sector in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Telecommunications":
- Defines the legal framework for telecommunications activities, establishes the rights and obligations of operators, providers and consumers of telecommunications services.
Law of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of service providers and the procedure for handling consumer complaints.
Law of Ukraine "On Radio Frequency Resource of Ukraine":
- Regulates the use of the radio frequency resource of Ukraine, establishes the procedure for the provision of communication services using the radio frequency spectrum.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for Provision and Receipt of Telecommunication Services":
- Establishes requirements for the quality and continuity of telecommunications services, the procedure for concluding contracts, accounting for services and payments for services rendered.
Regulation on theProcedure for State Supervision of Compliance with Legislation in the Field of Telecommunications:
- Defines the procedure for state supervision over compliance with legislation in the field of telecommunications, establishes mechanisms for control and liability for violations of the law.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violations of the legislation on the provision of telecommunications services, non-compliance with standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for committing crimes in the field of telecommunications, including unlawful interference with telecommunications networks, fraud with the use of communication facilities, etc.
Basic consumer rights in the telecommunications sector
The basic rights of consumers in the telecommunications sector, as defined by Ukrainian law, include the following:
Theright to receive quality services:
- Consumers have the right to receive telecommunication services of appropriate quality that meet established norms and standards.
The right to uninterruptedservice provision:
- Consumers have the right to uninterrupted provision of telecommunication services throughout the entire term of the contract, except for periods of scheduled maintenance or emergency situations.
Theright to accurate information:
- Consumers have the right to receive reliable, complete and understandable information about the terms of service, tariffs, volumes of service consumption and other aspects related to telecommunications services.
Theright to change the service provider:
- Consumers have the right to change their telecommunications service provider without changing their phone number or other identifier.
Right to protection of personal data:
- Consumers have the right to protect their personal data processed by telecommunication service providers from unauthorised access, alteration or disclosure.
Theright to apply to courts and other consumer protection authorities:
- Consumers have the right to apply to courts, consumer protection authorities and human rights organisations to protect their rights.
Mechanisms for consumer protection
Ukrainian law provides for several mechanisms for consumer protection in the telecommunications sector:
Contacting theservice provider:
- In the event of violations of their rights, consumers have the right to contact the service provider directly with a request to eliminate violations, clarify the terms of the contract, provide additional information or compensate for losses.
Appealto local authorities:
- Consumers may file a complaint with local authorities that oversee the activities of telecommunications service providers, review complaints and take enforcement action in the event of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and obligations of the service provider to remedy the violation.
Contacting theState Service for Special Communications and Information Protection of Ukraine:
- Consumers may apply to this authority to review complaints and conduct inspections of service providers' activities in relation to consumer rights.
Pre-trial dispute resolution:
- The legislation provides for the possibility of pre-trial settlement of disputes between consumers and service providers, including mediation, arbitration and other forms of alternative dispute resolution.
Recourseto human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests, whether it is a lawyer's consultation or a legal advice. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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