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Decree On The Provision Of Electronic Communications Networks And Services

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

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Table of Contents

Chapter 1 Scope of application

Chapter 2 Requirements for the proprietors of electronic communications networks and providers of electronic communications networks or services

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

Chapter 4 Secrecy, processing of traffic and localization data, security and accountability

Chapter 5 Penalty provisions

Chapter 6 Entry into force and transitional provisions

Publication of the provision of electronic communications networks and services 1)

Under section 9-11, section 14, section 23 (4). 3, section 29, paragraph. Paragraph 1, section 33, section 85 and section 112 (1). 2 and 3, in the law on competition and consumer relations in the telecommunications market, cf. Law Order no. 780 of 28. June 2007 shall be determined :

Chapter 1

Scope of application

§ 1. The compiation shall cover any provision of electronic communications networks and services, requirements for the communication networks and the supply of telecommunications terminal equipment used for mobile communications services, cf. however, paragraph 1 Two and three.

Paragraph 2. The commute shall not include the establishment and operation of the payphones, the distribution of radio and television programmes in joint antenna installations or joint antenna installations used only for the distribution of radio and television programmes.

Paragraph 3. The provision of electronic communications services which are solely offered by means of pre-paid cards or electronic communications services which may be equated shall not be subject to section 9, section 10 (4). 1 and 2, sections 12 and 13, and section 14-26.

Paragraph 4. The provisions of sections 9 and 10, section 12, sections 14-16, section 18, paragraph 1. 2 and 3, and section 21-24 may, by prior agreement between the end user and the provider of public electronic communications networks and services, derogate from contracts where customer relationships are not covered by the purchase of the purchases of the purchases of the meat market.

Paragraph 5. The requirement to offer free operator selection, cf. Section 22 (2). 3, and section 23 (4). 3, only to the extent that it comes from paragraph 35 in the Act on competition and consumer relations at the telemarketing market.

Definitions

§ 2. In the case of electronic communications services offered by the aid of pre-paid cards or electronic communications services which may be equated, services shall be understood as to which the end user is bought by the purchase of a card or electronic ; any communications services that may be placed on the same footing shall be pre-paid for the total cost of the total service including continuous consumption.

Paragraph 2. Traffic data shall mean data which are processed for the purpose of transference of communications in an electronic communications network or debit thereof.

Paragraph 3. For the purpose of locating data, data shall be understood to be processed in an electronic communications network and indicate the geographic location of the terminal equipment used by the user of a public electronic communications service.

Paragraph 4. In the case of an additional service, any service requiring the processing of traffic or localization data in addition to traffic data necessary for the transfer of communications or debit of their debit.

Paragraph 5. A user is understood to be a natural person who uses a publicly available electronic communications service in private or business purposes without necessarily subscribing to the service in question.

Paragraph 6. To the extent that this notice refers to concepts that are defined in the law on competition and consumer relations in the telecommunications market, reference is made to the definitions laid down in the law.

Chapter 2

Requirements for the proprietors of electronic communications networks and providers of electronic communications networks or services

§ 3. Electronic communications networks or services providers and electronic communications networks allowing users to make calls to telephone numbers in the Danish Number Plan must ensure that all users and end users who are connected the network or service may,

1) make free call to the public alarm service (112), and

2) make calls to the service of universal service providers and the emergency call number of this service.

Paragraph 2. Owners of electronic communications networks, as mentioned in paragraph 1. Paragraph 1 shall not be obliged to comply with the provisions of paragraph 1. 1 described requirements in the cases where calls to telephone numbers in the Danish licence are via an electronic communications service offered by third parties.

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

Paragraph 2. The providers of public electronic communications networks or services must ensure that calls from the connected end-users to the public alarm service (112) are immediately terminated in the electronic communications network of the universal service providers.

Paragraph 3. A service provider must ensure that emergency call is immediately directed

1) to the alarm centre belonging to the connectivity of the final user to the public electronic communications network,

2) to the alarm centre belonging to the end user ' s connection to an electronic communications network that is not public if the information of services of general interest is subject to the information provided for in the case of services of general interest. paragraph 4, allow it, or

3) the following shall be the agreement between the universal service provider and the alarm authorities.

Paragraph 4. The provider of public electronic communications networks or services shall ensure, in accordance with the arrangements of services of general interest, to ensure that information is necessary for the information provided for in paragraph 1. 3 mentioned conducing of the 911 call shall be made available to universal service provider at the latest, at the same time as the call to the public alarm service (112).

§ 5. Electronic communications networks or services providers and electronic communications networks allowing users to make calls to telephone numbers in the Danish State Number Plan shall contribute to the provision and to provide accurate information ; for use in the provision of a provision for the provision of public service (112), at the latest, at the same time as the call to the public alarm service (112) is made. This has to be done.

1) to ensure, as a minimum, that appropriate, basic information for the provision of emergency calls shall be made available to the public emergency call (112), including numbering data, cf. § 34, paragraph. TWO, ONE. a point, in the law on competition and consumer relations at the telemarketing, and,

2) to the extent that it is technically possible to ensure the provision and transfer of place information on the physical position of the user together with each emergency call to the public alarm service (112), where the physical position of the user can be used, deviate from the subscriber address or the installation address.

Paragraph 2. If it is not technically possible to determine an alarm call, cf. paragraph 1, no. 2, the providers of electronic communications networks or services and proprietors of electronic communications networks which allow users to make calls to telephone numbers in the Danish number level shall be in addition to those referred to in paragraph 1. 1, no. The information referred to in paragraph 1 (1) relating to specific uses of services and networks, etc., which may be of relevance to the validity of the information referred to in paragraph 1, may be required. 1, no. 1, available to the public alarm service (112).

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

Paragraph 4. Owners of electronic communications networks, as mentioned in paragraph 1. 1 and, as a geographical area, cover several physical addresses, in closer agreement with the provider of electronic communications networks or services, ensure that the provider can provide information, including place of destination, in accordance with the information provided for in the area. paragraph 1 3, available to universal service provider at the latest, at the same time as the call to the public alarm service (112) shall be made, cf. paragraph 6.

Paragraph 5. The people in paragraph 3. 1 mentioned contributions to the provision of alarm calls to the public alarm service (112) shall be made available to services of general interest, in accordance with the details of the universal service provider and providers of electronic communications networks or services ; also at the same time as the call to the public alarm service (112) are made.

Paragraph 6. The universal service provider shall ensure that the destination information, cf. paragraph 1 and 3 shall be made available to the emergency authorities, cf. § 34, paragraph. 5, in the case of competition and consumer relations in the telecommunications market or by means of a more detailed agreement with them and at the latest with the one in section 4 (3). 3, mentioned the direct call to the public alarm service (112).

§ 6. Universal service provider may, for the coordination, routing and handling of emergency calls and information for the use of the provision of alarm calls by the relevant providers of electronic communications networks or services ; a payment that does not exceed the total cost of universal service providers, including a reasonable profit, by this coordination, routing and handling of alerted calls and information for the provision of alarm calls.

§ 7. Exeaters of electronic communications networks or services which provide access only to external calls or which do not provide access to telephone numbers in the Danish number plan are not obliged to comply with the requirements set out in section 3-5.

Paragraph 2. If the requirements of section 3-5 are not met by an owner of an electronic communications network, because there is no provision for telephone numbers in the Danish number level, the owner of the electronic communications shall inform the users of the electronic communications network ; on this.

Paragraph 3. If the requirements of section 3-5 are not met by a provider of electronic communications networks or services which provide access only to external calls or which do not provide access to telephone numbers in the Danish the numbered level shall be the provider concerned at the latest by signing the agreement on the connection to the network or service informing the end users of this information.

Paragraph 4. If it is not technically possible for an owner of an electronic communications network, meet the requirements for site-clause in section 5 (5). 1, no. 2, the owner of the electronic communications network shall inform the users of the electronic communications network.

Paragraph 5. Where it is not technically possible for a provider of electronic communications networks or services, to meet the requirements for site-provision in section 5 (5). 1, no. In conclusion, the provider concerned shall inform the end users of the agreement on connection with electronic communications networks or services at the latest. In existing agreements, the provider concerned shall provide the end users with a separate notification that the requirements for step-determination cannot be fulfilled.

§ 8. Public electronic communications networks or services providing end-users with the ability to call other end users with numbers in the Danish numbered level must ensure that their end users can make calls to a minimum of one call-based, national registration service, which contains all the numbers within the public Danish numbering scheme assigned to end users.

§ 9. Public electronic communications networks or services offering end-users the ability to call other end users with numbers in the Danish Number Plan must allow their own end users to access a dial-up-based tariff-information facility. The providers shall offer the said facility no later than six months after the start of the tender.

Paragraph 2. The end user shall be required via the tariff information facility referred to in paragraph 1. 1 shall be able to immediately obtain information on all relevant costs, including, for example, call fee tax and list price per minutes, by calling a number in the Danish numbering schedule. However, the task of the task information facility shall not include price information for calls to numbering series available for information and content services pursuant to section 27 (2). 1, no. 2, in the law on competition and consumer relations in the telecommunications market. The price of non-foreign calls should not be provided either, such as the use of mobile phones abroad.

Paragraph 3. The one in paragraph 1. 1 the said facility must be offered free of charge or for a non-cost recovery payment.

Chapter 3

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

§ 10. The providers of public electronic communications networks or services to end users must ensure that there is a contract as the basis for any customer relationship with an end user.

Paragraph 2. The contract, as mentioned in paragraph 1. 1 shall include information on :

1) the name and address of the provider ;

2) the quality and service level-including delivery times,

3) all relevant prices, including how to obtain up-to-date information on this,

4) terms, including warning, for termination, suspension and termination in the event of the end user ' s non-compliance ;

5) the conditions for the renewal of the Agreement,

6) possible minimum time periods, cf. Section 13 (1). 1, no. 1,

7) terms of compensation and repayment in the event of a lack of service,

8) dispute resolution procedure,

9) features and facilities to which the end user is entitled to be made available in accordance with sections 9 and § § 17 and 18,

10) special features and facilities in accordance with sections 25 and 26 if they are offered ; and

11) any special restrictions related to emergency alarm calls (112), including restrictions on direct emergency call to the nearest emergency alarm and limits in the place of destination information supplied to the emergency authorities ; on the use of the network or service.

Paragraph 3. For pre-paid electronic communications services as referred to in section 1 (1). 3, the provider shall ensure that the end user, no later than immediately before the end user, is given the opportunity to take the service in use, receive information about :

1) the name and address of the provider ;

2) the quality and service level,

3) all relevant prices, including how to obtain up-to-date information on this,

4) terms, including warning, for termination, suspension and termination in the event of the end user ' s non-compliance ;

5) the conditions for the renewal of the Agreement,

6) terms of compensation and repayment in the event of a lack of service,

7) dispute resolution procedure,

8) special features and facilities in accordance with sections 25 and 26 if they are offered ; and

9) any special restrictions related to emergency alarm calls (112), including restrictions on direct emergency call to the nearest emergency alarm and limits in the place of destination information supplied to the emergency authorities ; on the use of the network or service.

Paragraph 4. Offers of non-public electronic communications networks or services to end-users who use a contract as a basis for a customer relationship with an end-user shall ensure that the contract contains the information referred to in paragraph 1. 2.

§ 11. Consumers of public electronic communications networks or services to end users shall be required to inform anyone of the facts referred to in section 10 (1). 2, including the extent to which there is scope for the network or services of the provider in question, to communicate with end users who are customers with other electronic communications networks or services providers, as well as prices and conditions for them.

§ 12. The providers of public electronic communications networks or services to end users must ensure that end users are reheated on changes to the terms and the relevant prices applicable to supply so that the end user is given the opportunity to terminate the agreement no later than : effect from the date of entry into force. Changes to a purely favourable nature, including, for example, general reductions in prices, can be carried out without prior notice.

Paragraph 2. The alert for changes in accordance with paragraph 1. 1 shall be one month of at least one month and shall state the right of the end user to terminate the Agreement.

§ 13. The providers of public electronic communications networks or services for end-users shall be provided in the context of the call for tenders in question ;

1) the contract for access to a provider's electronic communications network or services is not a condition which directly or indirectly binds the end user more than six months in such a way as to end five months after the date of entry into force of the contract ; any time at a maximum period of one month may terminate the contract without additional costs and that any prepaid benefit may be refunded in a proportionate way ; and

2) to suspend as a result of the non-payment of the end user, only the affected, non-paid, part of the service or subscription, unless there are fraud or repeated cases of late or non-payment.

Paragraph 2. Exeders referred to in paragraph 1. 1 may, in the case of a proportionate refund of any pre-paid benefits provided for in paragraph 1. 1, no. 1, establish a system whereby pre-paid services are not reimbursed to the end user whose debts do not exceed 25 kr. Imports of this scheme shall not be possible for the provider of the end user to require a possible benefit which does not exceed 25 kr.

Paragraph 3. Teleterminal equipment used for mobile communications services shall ensure that end-users for contracts for purchases, loans, rentals, etc. of telecommunications terminal equipment used for mobile communications services within six months of the contract entry into force of the entry into force, for example by SIM-lock, the use of a particular electronic communication net. Termination of bindings must take place without the cost of the end user as soon as possible after the end user has requested it.

Paragraph 4. Paragraph 1, no. Paragraph 1 (1). 2 and paragraph 1. 3, shall apply only to agreements covered by the section 4a of purchases of purchases.

§ 14. The providers of public electronic communications networks or services for end-users must set up a special internal investigation unit to conduct investigations and make statements in relation to the processing of complaints over the size of the ; by the provider ' s bills.

Paragraph 2. The IT and Telecommunications Agency may, in exceptional cases, where the tender is limited to a limited extent and where it is not possible for the provider to set up a special internal investigation unit, dispensers from the requirement referred to in paragraph 1. 1. The grant of the grant may be made time limited.

§ 15. The providers of public electronic communications networks or services to end users must not later than three months after a complaint has been filed in writing in a written decision on appeal proceedings in which the end user complains of consumption and payment for the networks and services referred to. If it is included in the review procedure that a specific registration or surveillance of consumption, debit, etc. shall be carried out during a period of a certain period of time, with a view to the coverage of any applicable. sources of error shall be extended to a period of six months.

Paragraph 2. Explains referred to in stk.1 of public electronic communications networks or services shall be subject to the processing of complaints against the consumption and payment of the disputed amount of resettlement of the amount disputed and waiving the disruption ; the end user's connection.

Paragraph 3. However, the end user may be blocked for outbound traffic if the end user's traffic consumption during the period during which the account is made available for a billing month exceeds an amount equal to the highest of the month ; traffic consumption recorded the last three months prior to the period commended. If the Customer relationship has a duration of less than three months, the highest monthly transport consumption shall be calculated on the basis of the previous months. In cases where the end user and the provider are agreed to a credit limit, this will replace the highest monthly transport usage.

Paragraph 4. Exeders referred to in paragraph 1. 1, shall ensure that, regardless of the barrier, the provisions of paragraph 1 shall be sealed. 1 may be called to the public alarm service (112).

Paragraph 5. Exeders referred to in paragraph 1. 1, shall ensure that an end uses, irrespective of the provision set out in paragraph 1, 1 shall be given the opportunity to prevent the blocking of outbound traffic by providing security for the resettlement of the amount of the amount of the refund.

Paragraph 6. Intiresome effect after paragraph 1. 2 means alone that the payment obligation and the unrelated closure of the telephone connection shall be suspended with effect from the time the complaint has been submitted. The suspension of interest shall not be suspended at the time of the proceedings.

§ 16. If a provider of public electronic communications networks or services for end-users does not provide an end user in a complaint, the provider shall :

1) provide the collection of the amount of the amount disputed in four weeks after the decision has been communicated to the end user. The provider may not terminate the end user during this period, cf. however, section 15 (3). 3, on the possibility of carrying out a lockout during a pending appeal proceedings

2) notify the end user of the rules in paragraph 1 1, and

3) inform the end user of the possibility of appeal to the provider.

Features and facilities

§ 17. Provider of voice telephony services for end-users shall offer the end user the end-user state of transfer from third parties, cf. section 19, within six months of the start of the tender.

§ 18. Extents of public electronic communications networks or services to end-users shall provide an integral part of the service to the end user ' s balance of information, cf. 20 if, when the service is offered, a user-dependent debit will be used.

Paragraph 2. Prohibit of public electronic communications networks or services for end users must, if the service of the service is used, user-dependent debit, offer the end user the following functions and facilities within six months of the beginning of the tender :

1) tariff-cut aristocrability and a specified bill, cf. § 21,

2) balance control system, cf. § 22.

Paragraph 3. End user providers and facilities providers of voice telephone services to end users must offer the following functions and facilities within six months of the start of the tender :

1) lockout, cf. § 23,

2) confinement of access to information and content services, cf. § 24.

§ 19. For the stopping of forwarding from third parties, a specific automatic forwarding system established to an end user's number will be stopped at the request of the end user.

Paragraph 2. The end user standby must be provided for free of charge.

20. In the event of balance, information is understood as to the charge-dependent debit. Sales information must be provided to the end user via appropriate service.

Paragraph 2. The end user must have access to the balance information at least 10 hours per day.

Paragraph 3. Information to be provided for saldoinformation must at least be updated at intervals of 24 hours, cf. however, paragraph 1 4-6.

Paragraph 4. Information referred to in paragraph 1. 3 relating to calls made from or received on a mobile terminal abroad (roamed calls) shall be updated within 24 hours of the receipt of the information, but not later than 31 days after the call was made.

Paragraph 5. Information referred to in paragraph 1. 3 related to calls to manual operated special services shall at least be updated at intervals of 72 hours, cf. however, paragraph 1 6.

Paragraph 6. The requirements of paragraph 1. 3 for the updating frequency does not apply to calls from abroad, billed and charged by providers of public electronic communications networks or services to end-users in Denmark on the basis of data from providers of electronic communications ; communications networks or services abroad, for example, collect-pay calls.

Paragraph 7. Sales information must be offered to the end user to a tariff that does not exceed the lowest rate applied to which the provider applies at the time the function is used.

§ 21. In the case of a tariff-cut charge, a bill for the division of the debit benefits is allocated to the rates of tariffs the provider is operating with.

Paragraph 2. On specified account, a bill that contains a specification of the debit benefits so that the end user can identify the consumption of the service, including information about the number, date, time, duration, price, or equivalent of the usage. data which provide the basis for the charge of the consumption of the service.

Paragraph 3. Notwithstanding the requirements of paragraph 1 2 information on the number of the call from a mobile terminal in foreign countries alone must be specified if the provider may possess information from the provider used abroad.

Paragraph 4. The end user may require either to receive a tax-cut charge, cf. paragraph 1, or a specified charge, cf. paragraph 2. The bill should be offered to the end user free of charge on either printed medium or a long-term electronic medium. Identified bill drawn up in connection with appeal proceedings, cf. ~ § 15 and 16 shall always be offered free of charge.

Paragraph 5. Notwithstanding paragraph 1 1-3 calls non-complimentary to the end user are not specified on the bill.

§ 22. The balance of balances shall mean a function in which the tender for further consumption immediately after the tender is found that the amount of consumption has exceeded an amount agreed between the provider and the end user.

Paragraph 2. The one in paragraph 1. 1 the confinement of a barrier must, with immediate effect, be repealed by the end user using a code. The sleeve must be able to be lifted by appropriate service.

Paragraph 3. Regardless of the barrier, cf. paragraph However, calls must be made to the public alarm service (112) and call by means of free operator elections.

Paragraph 4. Information contained in the balance of balances shall be updated on the basis in paragraph 20 (2). 3-6, given the way.

Paragraph 5. The balance of checks shall be offered to the end user free of charge at the conclusion of the agreement and in the adjustment of the scheme once in the quarter. Exeders as referred to in section 18 (2). 2. The end user shall pay attention to the availability of free sales control arrangements at the time of conclusion of the contract with the end user.

-23. A lockout means a function where the end user, using the code, may prevent use of the service. The end user must, by means of the code, be able to establish and abolish the barrier with immediate effect through appropriate service.

Paragraph 2. The end user shall be able to request that a lockout, as referred to in paragraph 1, be set up. One, alone shall relate to calls to foreign numbers.

Paragraph 3. Regardless of the barrier, cf. paragraph 1, provision of voice telephony services to end users must ensure that calls are made to the public alarm service (112) and call via free operator elections.

Paragraph 4. Sponing must be provided to the end user for free.

§ 24. Public electronic communications networks or services to end users who provide access to information and content services (service 900-services) must satisfy and then provide written confirmation of requests ; from the individual end-user on the blocking and lifting of a lock for access to information and content services.

Paragraph 2. The costs of the first establishment and the first lifting of the blocking of access to information and content services shall be borne by the provision of information and services referred to in paragraph 1. 1 mentioned provider.

Chapter 4

Secrecy, processing of traffic and localization data, security and accountability

§ 25. The providers of public electronic communications networks or services which provide A numbering must allow the calling subscriber for free of charge to prevent A transfer of the A-numbering. This option should be provided by the calling subscriber for each call and for each connection.

Paragraph 2. Expots referred to in paragraph 1. 1 shall allow the subscriber to call subscriber free of charge ;

1) prevent the display of the A number for incoming calls ; and

2) reject incoming calls when the calling user or subscriber has blocked the display of the A-number. This presupts that the A number can be displayed before the call is answered.

Paragraph 3. A number means the number of the calling subscriber ' s number. A-numbering transaction means that the A number is transferred to the subscriber to show the view of this.

Paragraph 4. Paragrol 1 and 2 shall also apply to calls abroad and the Faroe Islands and Greenland.

SECTION 26. The providers of public electronic communications networks or services providing services allowing the display of connected number shall give the subscriber the possibility of free of charge to block the invoking of the calling user ; connected number.

Paragraph 2. The subscriber number means the subscriber's number, regardless of whether this is different from the number called by the calling user.

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

§ 27. The invitations to tender for public electronic communications networks or services shall be provided at the invitation to tender referred to in section 25 and 26 to ensure that a block of identification of A number or of the number of the number of the number is suspended from the suspension of the number of the goods ;

1) in the event of interference in the message secret, cf. The courtfire of the courtlelight. 71 and

2) on call to the public alarm service (112).

Paragraph 2. Exeders referred to in paragraph 1. 1 shall also ensure that the provisions of paragraph 1 of this Article shall be ensured. 1, no. The second mentioned case is disregarded that a subscriber or user has refused or has not given consent to the processing of localisation data, cf. § 29.

§ 28. The providers of public electronic communications networks or services shall ensure that traffic data, cf. Section 2 (2). 2, on subscribers or users, deleted or anonymized when they are no longer necessary for the communication of the communication, cf. however, paragraph 1 2-5 and Law of the court's care section 786 (3). 4, or rules issued with a home meal herein.

Paragraph 2. Notwithstanding paragraph 1 1 it shall be authorised for a provider of electronic communications networks or services to treat and store traffic data for the purposes of the charge of subscribers and the settlement of interconnection. Such processing and storage of data shall be permitted up to the end of the statutory limitation period for the debt obligations referred to in the case of debt and of the bills.

Paragraph 3. Notwithstanding paragraph 1 1 it shall be authorised for a provider of public electronic communications networks or services to treat traffic data, cf. Section 2 (2). 2, concerning subscribers or users for the placing on the market of electronic communications services or the provision of additional services, cf. Section 2 (2). 4, provided that the subscriber or the user has given his consent. The treatment is only permitted to the extent and time of the service or marketing of the marketing. The subscriber or user must at any time have the opportunity to withdraw his consent.

Paragraph 4. Public electronic communications networks or services shall inform the subscriber or to the user of the types of traffic data being processed for the purposes of paragraph 1. 2 purposes and the duration of the treatment. In the light of the treatment provided for in paragraph 1, The purpose of this Article shall be subject to notification before the consent of the third paragraph.

Paragraph 5. The providers of public electronic communications networks or services shall ensure that the treatment of traffic data as referred to in paragraph 1 shall be made. 1-4 is carried out only by persons employed by or acting under the power of providers of public electronic communications networks or services, and which are engaged in charge or traffic management, handling of complaints or other, communications from subscribers, tracing fraud or the placing on the market of the provider's own services or the provision of additional services. In the context of the processing of such specific cases, the processing of traffic data shall be limited to the only one which is strictly necessary for the handling of the case.

§ 29. The providers of public electronic communications networks or services may only process the localization data, cf. Section 2 (2). 3, except for traffic data, in the following cases, cf. however, the law on the care of the court is referred to in Article 791a 5 and 6 :

1) when data is anonymized, or

2) where the subscriber or the user has given consent to the treatment, and only to the extent and during the period necessary for the provision of an additional service, cf. Section 2 (2). 4.

Paragraph 2. Provider handling localization data as referred to in paragraph 1. 1, no. 2, before the subscriber or user ' s consent is obtained, notify the subscriber or user as to the type of localization data, other than traffic data processed. Provider must also provide information as to why and how long data is processed and if data is passed on to third parties for the provision of an additional service.

Paragraph 3. If the subscriber or the user, after paragraph, 1, no. 2, given its consent to processing localization data, with the exception of traffic data, the subscriber or user shall continue to have the possibility of free, in a simple way, temporarily preventing processing of such data at every single call ; the network, or at each transmission of communications. The subscriber or user must at any time have the opportunity to withdraw his consent.

Paragraph 4. Exeders referred to in paragraph 1. 1, ensure that processing of location data, except for traffic data, in accordance with paragraph 1 shall be ensured. 1-3, only by persons employed by or acting under the authority of the supplier or the service provider, or from the third party providing the additional service. Treatment as referred to in paragraph 1. 1, no. 2 shall be limited to what is necessary for the provision of the additional service.

-$30. Section 28 does not restrict the ability of the IT and Telecommunications, the Teleklagenaevnet or Teleto Board of Telecommunications to obtain information on traffic data in the context of the processing of specific cases.

§ 31. Public electronic communications networks or services must take appropriate technical and organizational measures to ensure the protection of the services offered. This must, if necessary, be done in cooperation with the owner or the provider of the used public communications networks.

Paragraph 2. Public electronic communications networks or services must provide the subscribers of any particular risk of breach of network security. The providers must also provide information on the possibility of preventing such breaches and the costs associated with it.

Chapter 5

Penalty provisions

§ 32. The penalty will be penalised by the penalty which violates section 3. 1, section 4 (4). One-three, paragraph 5, paragraph 5. 1 and 2, section 7 (4). 2-5, and section 25-27 .

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Chapter 6

Entry into force and transitional provisions

§ 33. The announcement shall enter into force on the 15th. August 2008.

Paragraph 2. Publication no. 1031 of 13. October 2006 on the provision of electronic communications networks and services shall be deleted.

Paragraph 3. Section 13 (1). 3, applies only to contracts entered into after 30. June 2005.

Paragraph 4. Section 9 (1). 3, does not apply to facilities relating to roaming to the extent that the payment for these remains is regulated in Regulation (EC) No 717/2007 of 27 of the European Parliament and of the Council of 27. June 2007 on the roaming of public mobile telephone networks in the Community and amending Directive 2002 /21/EC.

The Ministry of Science, Technology and Development, the 26th. June 2008 Helge Sander / Mette Stürup
Official notes

1) The announcement contains provisions which implement parts of Commission Directive 96 /2/EC of 16. 1 January 1996 amending Directive 90 /388/EEC in the case of mobile and personal communications (EC Official Journal of 1996). Directive 2002/22/EC of the European Parliament and of the Council of 7. March 2002 on universal service and user rights in the context of electronic communications networks and services (Universal Service Directive (Universal Service Directive) (Universal Service Directive) (EC Official Journal of the European Communities). L 108 s. Regulation 51), parts of Directive 2002/58/EC of the European Parliament and of the Council of 12. July 2002 on the processing of personal data and the protection of privacy in the electronic communications sector (Data Protection Directive) (Data Protection Directive) (EC Official Journal of the European Communities). L 201 s. Directive 2002/21/EC of the European Parliament and of the Council of 7. March 2002 on the common framework for electronic communications networks and services (Framework Directive) (Framework Directive) (EC Official Journal of 2002) (EC Official Journal). L108's. Directive 31 /20/EC of the European Parliament and of the Council of 7. in March 2002, on authorisations for electronic communications networks and services (Authorisation Directive) (the Official Journal of the European Communities. L108's. 21).