Regulation (EU) 2015/2120 of the European Parliament and of the CouncilShow full title

Article 4 U.K. Transparency measures for ensuring open internet access

1. Providers of internet access services shall ensure that any contract which includes internet access services specifies at least the following:

(a) information on how traffic management measures applied by that provider could impact on the quality of the internet access services, on the privacy of end-users and on the protection of their personal data;

(b) a clear and comprehensible explanation as to how any volume limitation, speed and other quality of service parameters may in practice have an impact on internet access services, and in particular on the use of content, applications and services;

(c) a clear and comprehensible explanation of how any services referred to in Article 3(5) to which the end-user subscribes might in practice have an impact on the internet access services provided to that end-user;

(d) a clear and comprehensible explanation of the minimum, normally available, maximum and advertised download and upload speed of the internet access services in the case of fixed networks, or of the estimated maximum and advertised download and upload speed of the internet access services in the case of mobile networks, and how significant deviations from the respective advertised download and upload speeds could impact the exercise of the end-users’ rights laid down in Article 3(1);

(e) a clear and comprehensible explanation of the remedies available to the consumer in accordance with national law in the event of any continuous or regularly recurring discrepancy between the actual performance of the internet access service regarding speed or other quality of service parameters and the performance indicated in accordance with points (a) to (d).

Providers of internet access services shall publish the information referred to in the first subparagraph.

2. Providers of internet access services shall put in place transparent, simple and efficient procedures to address complaints of end-users relating to the rights and obligations laid down in Article 3 and paragraph 1 of this Article.

3. The requirements laid down in paragraphs 1 and 2 F1 ... shall not prevent [F2 the Secretary of State or OFCOM] from maintaining or introducing additional monitoring, information and transparency requirements, including those concerning the content, form and manner of the information to be published. Those requirements shall comply with this Regulation and [F3 the relevant provisions of domestic legislation implementing Directives 2002/21/EC and 2002/22/EC].

4. Any significant discrepancy, continuous or regularly recurring, between the actual performance of the internet access service regarding speed or other quality of service parameters and the performance indicated by the provider of internet access services in accordance with points (a) to (d) of paragraph 1 shall, where the relevant facts are established by a monitoring mechanism certified by [F4 OFCOM], be deemed to constitute non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with national law.

This paragraph shall apply only to contracts concluded or renewed from 29 November 2015.

Textual Amendments

F1 Words in Art. 4(3) omitted (31.12.2020) by virtue of The Open Internet Access (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1243), regs. 1, 3(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 4(3) substituted (31.12.2020) by The Open Internet Access (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1243), regs. 1, 3(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 4(3) substituted (31.12.2020) by The Open Internet Access (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1243), regs. 1, 3(5)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Art. 4(4) substituted (31.12.2020) by The Open Internet Access (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1243), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)