(Last update - 20.6.2005)
Under the terms of Article 39, Item 1, Section b) of the Electronic Communications Law, users of public networks and services have the right to make use of written information, provided in a timely fashion prior to signing any agreement, on the conditions for accessing and using the service. A written and signed one-sided standard contract constitutes the proper means of transmitting the information required under the provisions of the aforementioned law.
Thus, in order to ensure better and more complete information on the conditions for accessing and using the service, and for the purpose of consumer protection, agreements for public telephone services must also include the following information:
- Obligation to guarantee personal data and privacy protection in the specific domain of electronic communications in accordance with applicable legislation on personal data and privacy protection.
In order to ensure fulfilment of this obligation, agreements must indicate the following:
- Identity of entity responsible for data handling, or its representative
- Purpose of data handling and data recipients
- If data handling is intended for purposes other than those described in Article 6 of Law no. 67/98 of 26 October, space must be reserved in the agreement (form) allowing the data owner to specifically and unmistakably grant consent and have the option to prohibit data handling
- Existence of, and conditions for, exercising the right to access and correct data under the terms of Law no. 67/98 of 26 October
- Consequences of failing to provide mandatory data, with clear indications of mandatory versus optional data
- Space for subscribers to indicate which data is to be included in public directories under the terms of Article 13, Item 2 of Law no. 41/2004 of 18 August
- Space for subscribers to grant specific consent for any use of public directories beyond searching for the location of persons based upon their name and, if necessary, a minimum of other identifying elements
- Information on types of traffic data handled under the terms of Article 6, Items 2 and 4 of Law no. 41/2004 of 18 August, the duration and purpose of this handling, and information on its potential release to third parties for the purpose of providing value-added services as defined in Article 2, Item 1, Section f) of the aforementioned law. Data handling for the purposes specified in Item 4 requires consent from the corresponding subscriber or user.
- If location data are processed, information on the types of data handled under the terms of Article 7, Item 4 of Law no. 41/2004, the duration and purpose of this handling, and information on its potential release to third parties for the purpose of providing value-added services as defined in Article 2, Item 1, Section f) of the aforementioned law. Handling of these types of data requires consent.
- Statement that calling line identification may be revealed and that the subscriber?s or user?s location data may be recorded in order to relay this information for emergency response purposes to organizations legally authorized to receive such calls.
- Indication that subscriber data may be recorded in the database specified in Article 46 of the Electronic Communications Law, if applicable.
- Indication of time limit for advance notice of service discontinuation and means of notification to the user.
- Indication of ICP-ANACOM approval of the agreement.
- Reference to conditions for accessing audiotext services.
- Guarantee to subscribers wishing to terminate the agreement with an associated number portability order, unbundling of the local loop, or both, of postponement for all legal purposes of the agreement?s termination date and/or modifications to the agreement until the actual moment of number portability, unbundling of the local loop, or both.
- Guarantee of uninterrupted free access to the single European emergency call number, ?112?.
- Subscriber?s right to pay for only a portion of the amount due on their statement, whereby service suspension must be limited solely to services corresponding to the remaining delinquent amount, except in cases of fraud or systematically late payments.
- Obligation to guarantee subscribers the ability to make calls having no associated charges, namely to the single European emergency call number, between the time of service suspension and service termination.
