Decree On The Provision Of Electronic Communications Networks And Services

Original Language Title: Bekendtgørelse om udbud af elektroniske kommunikationsnet og -tjenester

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120508

Overview (table of contents) Chapter 1 scope

Chapter 2 requirements for owners of electronic communications network and service providers of electronic communications networks or services

Chapter 3 Common terms for the provision of public electronic communications networks and services to end-users

Chapter 4 Confidentiality, processing of traffic and location data, security and accountability

Chapter 5 penal provisions

Chapter 6 entry into force and transitional provisions The full text of the Decree on the provision of electronic communications networks and services 1)

Pursuant to § § 9-11, § 14, § 23, paragraph 3, article 29, paragraph 1, § 33, section 85 and section 112, paragraph 2 and 3, of the Act on competition and consumers ' relationships on the telecommunications market, see. lovbekendtgørelse nr. 780 of 28. June 2007 shall be determined:

Chapter 1

The scope of the

§ 1. The notice shall include any provision of electronic communications networks and services, requirements for owners of communications networks, as well as the offering of telecommunications terminal equipment, used for mobile communication services, see. However, paragraphs 2 and 3.

(2). The notice doesn't include the establishment and operation of payphones, the distribution of radio or television programming in common aerial installations or common aerial installations may be used only for the distribution of radio or television programs.

(3). Provision of electronic communications services, which are offered only by means of pre-paid cards, or electronic communications services, which can be equated with them, are not covered by section 9, section 10, paragraphs 1 and 2, articles 12 and 13, and §§ 14-26.

(4). The provisions of sections 9 and 10, section 12, sections 14-16, section 18 (2) and (3) and §§ 21-24 may, subject to prior agreement between the end user and the provider of public electronic communications networks and services be waived in the case of agreements where there is talk about customer relationships, which are not covered by Section 4a of the Act on consumer sales buy.

(5). The obligation to offer free carrier selection, see. section 22, paragraph 3, and article 23, paragraph 3, shall apply only in so far as it follows from section 35 of the Act on competition and consumers ' relationships on the telecommunications market.

Definitions

§ 2. By electronic communication services offered only by means of prepaid cards or electronic communications services, which can be equated with them, means the provision of services, where the end user through the purchase of a card or electronic communications services, which can equivalent, prepay the total service, including continuous usage.

(2). At the traffic data means data that is processed for the purpose of the conveyance of communications in an electronic communications network or the billing thereof.

(3). By location data means data that is processed in an electronic communications network, indicating the geographic position of the terminal equipment, as the user of a public electronic communications service uses.

(4). By value-added service means any service which requires the processing of traffic or location data beyond traffic data necessary for the conveyance of communications or the billing thereof.

(5). By user shall mean any natural person using a publicly available electronic communications service for private or business purposes, without necessarily subscribing to that service.

(6). In so far as this Ordinance refers to concepts that are defined in the Act on competition and consumers ' relationships on the telecommunications market, please refer to the definitions laid down in the Act.

Chapter 2

Requirements for owners of electronic communications network and service providers of electronic communications networks or services

§ 3. Providers of electronic communications networks or services and owners of electronic communications networks, which allow users to make calls to phone numbers in the Danish license plan, must ensure that all users and end users who are connected to the network or the service, you can





1) make free calls to the public emergency services (112) and

2) make calls to the universal service provider's text telephone and this service's emergency call number.





(2). Owners of electronic communication networks, as referred to in paragraph 1, shall not be required to comply with the requirements described in paragraph 1 in cases where calls to phone numbers in the Danish license plan is done via an electronic communications service offered by a third party.

§ 4. Providers of non-public electronic communications networks or services must ensure that calls from the connected end users to the public emergency services (112) immediately terminated in a public electronic communications network.

(2). Providers of public electronic communications networks or services must ensure that calls from the connected end users to the public emergency services (112) immediately terminated in the universal service provider's electronic communications networks.

(3). The universal service provider must ensure that emergency calls immediately routed





1) to the emergency centre that belongs to the end user's connection to the public electronic communications network,

2) to the emergency centre that belongs to the end user's connection to an electronic communications network which is not public, if universal service provider's information, see. paragraph 4, permits, or

3) by agreement between the universal service provider and alert authorities.





(4). Providers of public electronic communications networks or services must be by agreement with the universal service provider to ensure that information necessary for the referred to in paragraph 3, routing of the call, the alarm shall be made available to the universal service provider at the latest at the same time as the alarm call to the public emergency services (112) shall be carried out.

§ 5. Providers of electronic communications networks or services and owners of electronic communications networks, which allow users to make calls to phone numbers in the Danish license level, must contribute to provide and provide accurate information for use in place of provision available to the public emergency services (112), at the latest at the same time as the alarm call to the public emergency services (112) shall be carried out. This will be done by





1) as a minimum to ensure that relevant, basic information for the purpose of location determination of emergency calls are made available to the public emergency services (112), including telephone directory data, see. section 34 (2) 1. paragraph, of the Act on competition and consumers ' relationships on the telecommunications market, and,

2) in so far as it is technically possible, to ensure the mobilization and transfer of stedbestemmelses information about the user's physical position together with each alarm calls to the public emergency services (112), where the user's physical position may differ from subscriber address or installation address.





(2). If it is not technically possible to place an emergency call, see determine. (1). 2, providers of electronic communications networks or services and owners of electronic communications networks, which allow users to make calls to phone numbers in the numbering plan, in addition to those referred to in paragraph 1, no. 1, the information referred to provide other relevant information about the particular uses of services and networks, etc., which may affect the validity of the information referred to in paragraph 1, no. 1 available to the public emergency services (112).

(3). The contribution referred to in paragraph 1 and the information referred to in paragraph 2 to place emergency calls to determine the public emergency services (112) shall be determined by agreement between the emergency authorities, the universal service provider and the providers of electronic communications networks or services.

(4). Owners of electronic communication networks, as referred to in paragraph 1 and which geographically cover several physical addresses, by agreement with the provider of electronic communications networks or services ensure that the provider may make the information, including information, see stedbestemmelses. paragraphs 1-3, available for the universal service provider at the latest at the same time as the alarm call to the public emergency services (112) shall be carried out without prejudice. (6).

(5). The contribution referred to in paragraph 1 to place emergency calls to determine the public emergency services (112) must be made available for the universal service provider by agreement between universal service provider and the providers of electronic communications networks or services, no later than at the same time as the alarm call to the public emergency services (112) shall be carried out.

(6). The universal service provider shall ensure that the information, see stedbestemmelses. paragraphs 1 and 3 shall be made available to alert authorities, see. section 34, paragraph 5, of the Act on competition and consumers ' relationships on the telecommunications market or by agreement with them, and at the latest at the same time as in section 4, paragraph 3 referred to netting of alarm call to the public emergency services (112).

§ 6. The universal service provider must order it in sections 4 and 5 shall be coordination, routing and handling of emergency calls and information for the purpose of location determination of alarm calls of those providers of electronic communications networks or services may charge a payment that does not exceed the universal service provider's total cost, including salaries. a reasonable profit by this coordination, routing and handling of emergency calls and information for the purpose of location determination of alarm calls.


§ 7. Providers of electronic communications networks or services, exclusively provides access to make calls abroad or who do not provide access to make calls to phone numbers in the numbering plan is not required to comply with the procedure described in sections 3-5 requirements.

(2). If the requirements of § § 3-5 are not met by an owner of an electronic communications network, because there is no possibility to make calls to phone numbers in the Danish license plan, that the owner inform users of electronic communications networks to that effect.

(3). If the requirements of § § 3-5 are not met by a provider of electronic communications networks or services, exclusively provides access to make calls abroad or who do not provide access to make calls to phone numbers in the numbering plan to be that provider at the latest at the conclusion of the agreement for connection to the network or service to inform end users about this.

(4). If it is not technically possible for an owner of an electronic communications network to meet the requirements for location determination in clause 5 (1) (8). 2, that person must inform users of the electronic communications network owner thereof.

(5). If it is not technically possible for a provider of electronic communications networks or services to meet the requirements for location determination in clause 5 (1) (8). 2, the service provider at the latest at the conclusion of the agreement for connection to the electronic communications networks or services, to inform end users about this. In existing agreements, the relevant provider must provide end users with separate notification requirements for site determination cannot be met.

§ 8. Providers of public electronic communications networks or services that allows end users to call other end-users with numbers in the Danish license plan, must ensure that their end users can make calls to at least one dial-up based, nationwide number up light nings services neste, which contains all the numbers within the public Danish numbering plan that is assigned to end users.

§ 9. Providers of public electronic communications networks or services that allows end users to call other end-users with numbers in the Danish license plan, must provide own end users access to a dial-up based tariff information facility. Providers must offer the said facility within six months after the beginning of the offer.

(2). The end user must via tariff information facility as referred to in paragraph 1 have the possibility immediately to get information about all relevant costs, including URf.eks. Dial-up charge and list price per minute, by calling a number in the Danish license plan. Tariff information facility shall not include price information relating to calls to the number series that have been set aside for information and content services under section 27 (1) (8). 2, of the Act on competition and consumers ' relationships on the telecommunications market. There should also not be given information about the price for calls from abroad, URf.eks. using mobile phone overseas

(3). The facility referred to in paragraph 1 shall be offered for free or for a payment that does not exceed the cost of the provision thereof.

Chapter 3

Common terms for the provision of public electronic communications networks and services to end-users

§ 10. Providers of public electronic communications networks or services to end-users must ensure the existence of a contract as the basis for any customer relationship with the end user.

(2). The contract, as referred to in paragraph 1 shall include information on





1) the provider's name and address,

2) quality and service level – including delivery times,

3) all relevant Awards, including how to up-to-date information to that effect,

4) conditions, including whether the warning, termination, interruption and termination in the event of end user's breach,

5) conditions for the renewal of the agreement,

6) any minimum contract periods, see. section 13 (1). 1,

7) terms on compensation and reimbursement in case of defects in the service,

8) procedure for the settlement of disputes,

9) features and facilities, as the end user are entitled to have made available under section 9 and sections 17 and 18,

10) special features and facilities within the meaning of §§ 25 and 26 if they are offered, and

11) any special restrictions related to emergency calls (112), including on limitations in relation to route emergency calls to the nearest emergency centre and limitations in the stedbestemmelses information that is made available to alert authorities through the use of the network or the service.





(3). By prepaid electronic communications services as referred to in § 1, paragraph 3, provider shall ensure, at the latest immediately prior to the end user, the end user will have the opportunity to take the service in use, receive information about





1) the provider's name and address,

2) quality and service level,

3) all relevant Awards, including how to up-to-date information to that effect,

4) conditions, including whether the warning, termination, interruption and termination in the event of end user's breach,

5) conditions for the renewal of the agreement,

6) terms on compensation and reimbursement in case of defects in the service,

7) procedure for the settlement of disputes,

8) special features and facilities within the meaning of §§ 25 and 26 if they are offered, and

9) any special restrictions related to emergency calls (112), including on limitations in relation to route emergency calls to the nearest emergency centre and limitations in the stedbestemmelses information that is made available to alert authorities through the use of the network or the service.





(4). Providers of non-public electronic communications networks or services to end users, using a contract as the basis for a customer relationship with the end user, must ensure that the contract contains the information referred to in paragraph 2.

§ 11. Providers of public electronic communications networks or services to end-users must on request to any information about the conditions, as referred to in section 10, paragraph 2, including the extent to which there is opportunity through that provider's network or services to communicate with end users who are customers of other providers of electronic communications networks or services as well as rates and terms therefor.

§ 12. Providers of public electronic communications networks or services to end users must ensure that end users will be notified about changes in the conditions and the relevant prices applicable to the offer, so that an end user will have the option to terminate the agreement at the latest with effect from the date on which the change comes into force. Changes of a purely administrative nature, including URf.eks. General reductions in prices, can be carried out without prior notice.

(2). Notice of changes in accordance with paragraph 1 shall be at least one month and contain information about the end user's right to terminate the agreement.

§ 13. Providers of public electronic communications networks or services to end users in connection with the invitation to tender concerned must ensure





1) that in the contract on the access to a provider's electronic communications networks or services are not conditions that directly or indirectly binds the end user no longer than six months, so that the end users five months after the entry into force of the contract at any time with a notice, which can be set at a maximum of one month, may cancel the contract at no additional cost, and that any prepaid benefit are reimbursed pro rata , and

2) to interruption as a result of non-payment covers only the end-user concerned, non-paid, portion of the service or the subscription, unless there has been fraud or repeatedly for late or non-payment.





(2). Service providers, as referred to in paragraph 1 may at the prorated refund for any prepaid services in accordance with paragraph 1, nr. 1, establish a regime obliging the prepaid services are non-refundable, if the end user the receivable does not exceed 25 DKK on importation of this scheme will not be able to collect end-user provider any receivable not exceeding 25 us $.

(3). Providers of telecommunications terminal equipment, used for mobile communication services, must ensure that end users by agreements for the purchase, loan, rent, etc. of telecommunications terminal equipment, used for mobile communication services, no later than six months after the entry into force of the contract is not bound to, URf.eks. If SIM lock that use a particular electronic mobile communications networks. Lifting of the pairings must be done at no cost to the end user as soon as possible after that the end user has requested it.

(4). (1). 1 (2) and (3) of the code applies only to agreements covered by the buy Section 4a on consumer sales.

§ 14. Providers of public electronic communications networks or services to end users must set up a special internal investigative unit to carry out studies and make statements in connection with the handling of complaints over the size of the provider's Bills.

(2). The national it and Telecom Agency can, in exceptional cases, where the supply is only of limited scope, and where it is not possible for organisational provider to set up a special internal investigative unit, grant a derogation from the requirement referred to in paragraph 1. Dispensation can be time-limited.


§ 15. Providers of public electronic communications networks or services to end users shall, not later than three months after a complaint has been filed, in writing, for the first time decide in appeal proceedings where the end user complaints about registered consumption and payment of those networks and services. If the review is included in that, in a period of a certain duration, carried out a special registration or monitoring of usage, billing, etc. for the purpose of hedging of EVS. sources of error, it extended that period to six months.

(2). Service providers, as referred to in paragraph 1, of the public electronic communications networks or services to be under their handling of complaints against registered consumption and payment ask the collection of the disputed amount on hold of account and not to interrupt the end-user's connection.

(3). The end user's connection can, however, be blocked for outgoing traffic, if the end user's traffic consumption during the period of the levying of the billing amount is suspended within a billing month exceeds an amount equal to the maximum monthly traffic consumption registered the last three months prior to the impugned period. Have customer relationship had a duration of less than three months, the highest monthly traffic consumption is calculated on the basis of the past few months. In cases where there is between the end user and provider agreed a credit limit, enter this instead of the highest monthly traffic consumption.

(4). Service providers, as referred to in paragraph 1, shall ensure that regardless of the lockout by virtue of paragraph 1 may be made calls to the public emergency services (112).

(5). Service providers, as referred to in paragraph 1, shall ensure that an end user regardless of the provision in paragraph 1 must be given the opportunity to prevent blocking of outbound traffic by providing security for the disputed billing amounts.

(6). Suspensive effect in accordance with paragraph 2 implies only that the payment obligation and a non-execution the closure of telephone connection is suspended with effect from the date on which the complaint is filed. There is no suspension of interest were incurred during the proceedings.

§ 16. If a provider of public electronic communications networks or services to end-users do not give an end user in a complaint, the provider





1) ask the collection of the disputed invoice amount on hold for 4 weeks after the decision is communicated to the end user. The provider must not interrupt during this period end-user's connection, see. However, section 15, paragraph 3, of the possibilities of implementing a lockout during a pending complaint

2) inform the end user about the rules in no. 1, and

3) inform the end user about the possibility to appeal the provider's decision.





Features and facilities

§ 17. Providers of voice telephony services to end users, to offer the end user stopping forwarding from a third party, see. section 19, no later than six months after the beginning of the offer.

§ 18. Providers of public electronic communications networks or services to end users, as an integral part of the service offer the end user the balance information, see. section 20, if the supply of the service used consumption-dependent billing.

(2). Providers of public electronic communications networks or services to end-users must, if the supply of the service used consumption-dependent billing, offer the end user the following functions and facilities no later than six months after the beginning of the offer:





1) tariff divided Bill and itemized bill, see. section 21,

2) balance control system, see. § 22.





(3). Providers of voice telephony services to end-users must offer the end user the following functions and facilities no later than six months after the beginning of the offer:





1) blocking, see. section 23,

2) barring of access to information and content services, see. § 24.





§ 19. By stopping forwarding from third parties shall be taken to mean that a specific automatic forwarding, which is established for an end user's number, stopped at the request of the end user.

(2). Stopping the forwarding should be available end user free of charge.

§ 20. By balance information means information about the consumption-dependent billing. Balance information must be offered to the end user via the relevant service.

(2). The end user must have access to balance information a minimum of ten hours daily.

(3). Information that provides the basis for balance information, must at least be updated at intervals of 24 hours, see. However, paragraphs 4-6.

(4). Information, as referred to in paragraph 3 which relate to calls made from or received on a mobile terminal abroad (roamede call), to be updated within 24 hours after the provider has received the information, but not later than 31 days after the call is made.

(5). Information, as referred to in paragraph 3, relating to calls to the manually operated special services, must at least be updated at intervals of 72 hours, see. However, paragraph 6.

(6). The requirements of paragraph 3 of update frequency shall not apply to calls made from abroad, who are billed and collected by the providers of public electronic communications networks or services to end users in Denmark on the basis of data from providers of electronic communication networks or services abroad, URf.eks. beneficiary-pays calls.

(7). Balance information must be offered to the end user for an appraisal, which does not exceed the lowest used appraisal, which the provider applies, at the time the function is used.

§ 21. By tariff divided Bill means a bill with Division of the charged services distributed on the rate categories, service provider operating with.

(2). By itemized bill means a bill containing a specification of the charged services, so that an end user can identify the consumption of the service, including information about the dialed number, date, time, duration, price or equivalent data, which provides the basis for debiting of usage of the service.

(3). Notwithstanding the requirements of paragraph 2, the information about the dialed number, calls made from a mobile terminal abroad alone to be specified, if the provider may come into possession of information from the used provider abroad.

(4). The end user may require either to receive a charge divided Bill, see. paragraph 1, or an itemized bill, see. (2). The Bill to be offered to end users for free at either the printed medium or permanent electronic medium. Itemized bill, prepared in connection with the appeal proceedings, see. sections 15 and 16, to be always offered free of charge.

(5). Notwithstanding paragraphs 1 to 3 have calls that are free for the end user, not specified on the Bill.

§ 22. By balance control system is defined as a function in which the offered service is blocked for further consumption immediately after it has been established that consumption has exceeded an amount in advance is agreed upon between the provider and the end user.

(2). The lockout should be referred to in paragraph 1 with immediate effect could be lifted by the end user through the use of code. Blocking must be able to be lifted via the relevant service.

(3). Regardless of the lockout policy, see. paragraph 1 shall, however, be able to make any calls to the public emergency services (112) and free calls via carrier selection.

(4). Information that provides the basis for balance control system must be updated at the in section 20, paragraphs 3 to 6, the way.

(5). Balance control scheme must be offered free of charge by conclusion of the contract and the end user by adjusting the scheme once every three months. Providers as referred to in article 18, paragraph 2, to make the end user attention to access to free balance control system at the time of conclusion of the contract with the end user.

§ 23. By barring means a function, where the end user for the purposes of code can prevent the use of the service. The end user shall for the purposes of the code, both will be able to access and unblock with immediate effect through relevant service.

(2). The end user should be able to request that the lockout, as referred to in paragraph 1 shall relate to the calls to foreign numbers alone.

(3). Regardless of the lockout policy, see. paragraph 1, providers of voice telephony services to end-users ensure that can make any calls to the public emergency services (112) and free calls via carrier selection.

(4). Blocking must be offered free end user.

§ 24. Providers of public electronic communications networks or services to end users, providing access to call information and content services (service 900 services), must meet and then confirm in writing requests from the individual end user about blocking and lifting of the lockout for access to information and content services.

(2). Costs associated with the initial establishment and the first lifting of the barring of access to information and content services shall be borne by the service provider referred to in paragraph 1.

Chapter 4

Confidentiality, processing of traffic and location data, security and accountability

§ 25. Providers of public electronic communications networks or services, providing A-number view, allow for the calling subscriber for free can prevent A-number transfer. The calling subscriber must have this possibility for every single call and for each connection.

(2). Providers as referred to in paragraph 1 must allow the called subscriber free can





1) prevent the display of the calling line identification of incoming calls, and


2) reject incoming calls when the calling user or Subscriber has blocked the presentation of the calling number. This assumes that A number can appear before the call is answered.





(3). By A-number means the calling subscriber's number. By A-number transfer means that the A-number is transferred to the called subscriber with a view to display with this.

(4). Paragraphs 1 and 2 shall also apply to calls to abroad as well as the Faroe Islands and Greenland.

section 26. Providers of public electronic communications networks or services, such as providing services which enable the display of the connected number, shall provide the called Subscriber the possibility free of charge to block the calling user can identify the connected number.

(2). At the connected number means the called subscriber's number, regardless of whether this is different from the number that the calling user has called.

(3). Paragraph 1 shall also apply to incoming calls from abroad as well as the Faroe Islands and Greenland.

§ 27. Providers of public electronic communications networks or services, in the provision of facilities as referred to in articles 25 and 26 to ensure that a blockage of the view by calling or connected line identification shall be suspended





1) by intercepted communications, see. Code of civil procedure kap. 71 and

2) by calls to the public emergency services (112).





(2). Providers, as referred to in paragraph 1, shall also ensure that, pursuant to paragraph 1, nr. 2, in the cases referred to the exception of a Subscriber or user has denied or not have consented to that location data be treated without prejudice. section 29.

section 28. Providers of public electronic communications networks or services must ensure that the traffic data, see. section 2, paragraph 2, relating to subscribers or users will be erased or made anonymous when no longer needed for the purpose of the transmission of a communication without prejudice. However, paragraphs 2 to 5 and the law on the Court's care section 786, (4), or rules adopted on the basis hereof.

(2). Notwithstanding the provisions of paragraph 1, it shall be permitted for a provider of electronic communications networks or services to treat and store traffic data for billing subscribers and interconnection payments. Such a processing and storage of data is permitted until the expiry of the legal period of limitation for these liabilities and settlements.

(3). Notwithstanding the provisions of paragraph 1, it shall be permitted for a provider of public electronic communications networks or services to process traffic data, see. section 2, paragraph 2, relating to subscribers or users for the purpose of marketing electronic communications services or the provision of value added services, see. section 2, paragraph 4, on condition that the Subscriber or user has given his or her consent. Treatment is only allowed in the extent and period of time, as the service or marketing calls. Subscriber or user shall at any time have the opportunity to withdraw his consent.

(4). Providers of public electronic communications networks or services must inform the Subscriber or user of the types of traffic data which are processed for the purposes referred to in paragraph 2 and on the duration of treatment. By treatment with a view to the purposes referred to in paragraph 3 shall constitute notification happen before consent be obtained.

(5). Providers of public electronic communications networks or services shall ensure that the processing of traffic data as referred to in paragraphs 1 to 4 shall only be carried out by persons employed by or acting under the authority of providers of public electronic communications networks or services, and which is engaged in the billing or traffic management, handling of complaints or other requests from subscribers, fraud detection or with the marketing of the provider's own services or the provision of value added services. In connection with the treatment of such concrete cases treatment of traffic data must be restricted to only that relate to what is strictly necessary for the examination of the case.

section 29. Providers of public electronic communications networks or services must only process location data, see. § 2, paragraph 3, with the exception of traffic data, in the following cases, without prejudice. However, the law on the Court's care section 791a, paragraphs 5 and 6:





1) when data is anonymized, or

2) when the Subscriber or the user has given consent to the treatment, and then only to the extent and for the duration necessary for the provision of a value added service, see. § 2 (4).





(2). Providers that perform the processing of location data as referred to in paragraph 1, no. 2 shall, before the Subscriber's or user's consent, inform the Subscriber or user of the type of location data other than traffic data processed. Providers must also explain why and how long the data is processed, and the data be disclosed to third parties for the purposes of the provision of a value added service.

(3). If the Subscriber or user for the purposes of paragraph 1, nr. 2, has given his consent to the processing of location data other than traffic data, the user or Subscriber must continue to have the option for free, in a simple way, temporarily preventing the processing of such data by each call to the network, or by each individual conveyance of communications. Subscriber or user shall at any time have the opportunity to withdraw his consent.

(4). Service providers, as referred to in paragraph 1, shall ensure that the processing of location data other than traffic data in accordance with paragraphs 1 to 3 shall only be made by persons who are employed by or acting under the authority of the provider of the network or the service, or from the third party providing the value added service. Treatment as referred to in paragraph 1, no. 2, must be limited to that which is necessary for the provision of value added service.

section 30. section 28 without prejudice to the national IT and Telecom Agency's, Telecommunications complaints board or Tele Supreme opportunity to obtain information about traffic data in connection with the examination of individual cases.

section 31. Providers of public electronic communications networks or services for the purpose of ensuring the security of the network shall take appropriate technical and organisational measures to safeguard the security of the services offered. If necessary, this must be done in collaboration with the owner or provider of the public communications network used.

(2). Providers of public electronic communications networks or services to provide subscribers information about any particular risk of a breach of network security. Providers must also inform about the possibilities of preventing such breaches and the costs connected therewith.

Chapter 5

Criminal provisions

section 32. With fine punished anyone who violates § 3, paragraph 1, article 4, paragraphs 1 to 3, article 5, paragraphs 1 and 2, article 7, paragraphs 2 to 5, and §§ 25-27.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 6

Entry into force and transitional provisions

section 33. The notice shall enter into force on the 15. August 2008.

(2). Executive Order No. 1031 of 13. October 2006 on the provision of electronic communications networks and services shall be repealed.

(3). section 13, paragraph 3, shall apply only to agreements entered into after 30. June 2005.

(4). § 9, paragraph 3, shall not apply to facilities relating to roaming to the extent that the payment for these remains governed by European Parliament and Council Regulation (EC) no 717/2007 of 27. June 2007 on roaming on public mobile networks within the community and amending Directive 2002/21/EC.
Ministry of science, technology and innovation, the 26. June 2008 Helge Sander/Mette Stürup Official notes 1) Ordinance contains provisions implementing parts of Commission Directive 96/2/EC of 16. January 1996 amending Directive 90/388/EEC with regard to mobile and personal communications (Official Journal 1996 nr. L 20 s 59), European Parliament and Council Directive 2002/22/EC of 7. March 2002 on universal service and users ' rights relating to electronic communications networks and services (universal service directive) (Official Journal of the European communities 2002 nr. L 108, p. 51) parts of a European Parliament and Council Directive 2002/58/EC of 12. July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (data protection directive) (Official Journal of the European communities 2002 nr. L 201, p. 37) parts of a European Parliament and Council Directive 2002/21/EC of 7. March 2002 on a common regulatory framework for electronic communications networks and services (framework directive) (Official Journal of the European communities 2002 nr. L108 s. 33) and parts of the European Parliament and Council Directive 2002/20/EC of 7. March 2002 on the authorisation of electronic communications networks and services (authorisation directive) (Official Journal of the European communities 2002 nr. L108 p. 21).