Publication date: 11.07.2024
Liability for violation of the rules for the provision of Internet services
Internet services are vital in the modern world, providing access to information, communication, entertainment and business. The high quality and reliability of these services are critical for consumers. Violation of the rules for the provision of Internet services can have serious consequences for users and providers. In Ukraine, the provision of Internet services is regulated by legislation that defines the rights and obligations of consumers and providers, as well as establishes liability for violations. In this article, we will consider the main aspects of liability for violation of the rules for the provision of Internet services, the legal framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision 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 Internet 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.
Law of Ukraine "On Electronic Trust Services":
- Defines the legal framework for the provision of electronic trust services, including electronic signatures, which is important for concluding contracts for the provision of Internet services in electronic form.
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 Internet services, the procedure for concluding contracts, accounting for services and payments for services provided.
Regulation on theProcedure for State Supervision of Compliance with Legislation in the Field of Telecommunications:
- Defines the procedure for state supervision of 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 facilities, etc.
Main violations of the rules for the provision of Internet services
The main violations of the rules for the provision of Internet services may include:
Failure toprovide services or their incomplete provision:
- The lack of access to the Internet or the provision of incomplete services without justified reasons, which leads to discomfort and dissatisfaction of consumers.
Inadequatequality of Internet services:
- Low Internet speed, network interruptions that do not meet established norms and standards.
Violation of the terms of connection and disconnection of services:
- Delayed connection of new subscribers or disconnection of services, which leads to inconvenience for consumers.
Failure to complywith confidentiality and personal data protection requirements:
- Unlawful disclosure or use of subscribers' personal data that violates their rights to confidentiality and data protection.
Unlawful charging of fees:
- Charging for services that have not been provided or charging inflated amounts that do not correspond to the actual consumption of services.
Types of liability for violation of the rules for the provision of Internet services
Violations of the rules for the provision of Internet services may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of the requirements of the legislation on Internet services, non-compliance with standards and rules of operation. Sanctions may include fines, warnings, and temporary suspension of the service provider's activities. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability arises in the event of material or moral damage to consumers as a result of improper provision of Internet services. Consumers have the right to seek damages through the courts. Liability may include compensation for material damage (lost property, repair costs, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for committing crimes in the field of Internet services, such as unlawful interference with networks, violation of security, and fraud with the use of communication facilities. Sanctions may include fines, imprisonment, and a ban on engaging in certain activities. Such violations are punishable by fines in the amount of 500 to 2000 tax-free minimum incomes or imprisonment for up to 10 years.
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