The Law on the Regulation of Electronic Communications 2022

The Law on the Regulation of Electronic Communications 2022

The European Electronic Communications Code (hereinafter “EECC”) established by the Directive (EU) 2018/1972, has been transposed in Cyprus with the enactment of the Law on the Regulation of Electronic Communications of 2022 (hereinafter “the Electronic Communications Law 2022”). This new Law on electronic communications came into force on the 4th of March 2022 with its publication in the Official Newspaper of the Republic of Cyprus.  

 

The Electronic Communications Law 2022 covers the provisions concerning electronic communications replacing the ones capped by two amending Laws, namely the Law amending the Radiocommunications Law and the Law amending the Regulation of Electronic Communications and Postal Services Law.  

 

The EECC which was adopted in 2018 has the purpose of updating the rules which govern the area of telecommunications and to promote connectivity and access to high-capacity networks (e.g., 5G networks). It also aims to ensure effective competition and the security of services and networks.

 

Below, is a non-exhaustive list of the key changes brought about by the Electronic Communications Law 2022:

 

  • The Electronic Communications Law 2022 defines the “electronic communication service” in a way which includes interpersonal communication services. It also includes machine-to-machine communications and transmission services in relation to broadcasting.

 

  • Consumer rights are also strengthened under the Cyprus Electronic Communications Law 2022 with the imposition of obligations on ECS providers determined by the Communications Commissioner.

 

  • This new Law also includes rules concerning co-investment. It introduces a commitments procedure which gives the power to the Commission to bind co-investment offers made by an SMP provider.

 

  • The objective of the Electronic Communications Law 2022 is also to harmonise procedures and measures in relation to spectrum management. It intends to strengthen powers to enhance the effective use of spectrum.

 

  • With regards to universal service, it must be ensured that all consumers have access to efficient voice communication services and sufficient broadband internet when they are in a fixed location.

 

  • In a non-fixed location, the Communications Commissioner must make sure both sufficient voice communication service and broadband internet access only when it is essential for the full economic and social participation of the consumer in the society.

 

  • The Commissioner is obliged to publish the details of the universal service obligations in a Regulatory Decision.

 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought with regards to your specific circumstances.