After many months of work on the project, on 15 November 2022 the Polish Council of Ministers finally adopted a draft law on electronic communications, which will implement Directive (EU) 2018/1972 establishing the European Electronic Communications Code (the "Draft"). The Draft will replace the currently binding Telecommunications Law and introduce a set of changes for both users as well as telecommunications undertakings operating in Poland. The Draft covers the operation of the electronic communications market in Poland. It will also introduce the possibility for prepaid subscribers to receive refunds of remaining recharge funds on their accounts, in case of account expiration.
The main topics and solutions introduced in the Draft include: (i) rules for carrying out activities that involve providing public telecommunications networks or electronic communication services (the new solutions will apply not only to traditional telecommunications businesses, but also to operators of over-the-top services (such as internet applications and instant messaging); (ii) protection of end users' rights (by introducing new information obligations and strengthening rights regarding contract conclusion and termination); (iii) issues related to the management of frequencies, numbering resources and the provision of access to telecommunications networks; (iv) the possibility for prepaid subscribers to receive a refund of the remaining recharge funds on their account in the event of account expiration; and (v) reduction of compensation claims that service providers could apply against the subscriber in case of early termination.
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