Publication date: 11.07.2024
Consumer protection in the field of Internet services
Internet services have become an integral part of modern life, providing access to information, communication, entertainment and business. The quality and reliability of Internet services are crucial for users, and violations of consumer rights in this area can have serious consequences. In Ukraine, consumer protection in the field of Internet services is regulated by a number of laws and regulations that define the rights and obligations of consumers and service providers, as well as mechanisms for consumer protection. In this article, we will consider the main aspects of consumer protection in the field of Internet services, the legal framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal framework
Consumer protection in the field of Internet services 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, as well as the procedure for licensing telecommunications activities.
TheLaw 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 Information":
- Regulates relations related to the receipt, use, dissemination and storage of information, including access to information and protection of personal data.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for Provision and Receipt of Telecommunication Services":
- Sets out requirements for the quality and continuity of Internet 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 violation of the requirements of the legislation on the provision of Internet services, non-compliance with the standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for committing crimes in the field of Internet services, including unlawful interference with the operation of Internet networks, fraud with the use of communication means, etc.
Basic consumer rights in the field of Internet services
The basic rights of consumers in the field of Internet services, as defined by Ukrainian law, include the following:
Theright to receive quality services:
- Consumers have the right to receive Internet services of appropriate quality that meet the established norms and standards.
The right to uninterruptedservice provision:
- Consumers have the right to uninterrupted provision of Internet 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, service consumption and other aspects related to Internet services.
Theright to change the service provider:
- Consumers have the right to change their Internet 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 Internet 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 legislation provides for several mechanisms for consumer protection in the field of Internet services:
Contacting theservice provider:
- In case 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, which oversee the activities of Internet 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 eliminate violations.
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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