The following Commercial guidance note Produced in partnership with David Stewart of Towerhouse LLP provides comprehensive and up to date legal information covering:
In the EU, the provision of electronic communications networks and services in each Member State was previously governed by a common regulatory framework (Framework) comprising five directives, including Directive 2002/58/EC (the ePrivacy Directive). However, the Framework was replaced by the European Electronic Communications Code, which is a recast and consolidation of four of the directives which make up the Framework. Directive (EU) 2018/1972 establishing the European Electronic Communications Code was adopted by the Council of the EU on 3 December 2018, with publication in the Official Journal of the EU on 17 December 2018 and entry into force three days after publication. Member States have December 2020 to transpose the Code into national law. With regard to the ePrivacy Directive, this has not been consolidated into the Code and will instead be replaced by a proposed ePrivacy Regulation which is still going through the legislative process (see below for further information).
References to the Framework in this Practice Note refer to the Framework as presently implemented into UK law.
The objective of the Framework is to establish a harmonised framework for the regulation of electronic communications networks and services through the EU.
The Framework identifies specific policy objectives and the measures that Member States must adopt to achieve those objectives. These objectives include ensuring that networks are interconnected, to allocate scarce resources (such
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