Communication by the BIPT Council of 16 December 2014 regarding the monitoring of compliance with Articles 122 and 123 of the ECA

Type
Communication

Publication date
02-02-2015

Date
16-12-2014

The reports annexed provide an overview of the monitoring of compliance with Articles 122 and 123 of the ECA.

The purpose of this monitoring was to get a better idea of what is happening in the sector and to make an informed consideration about further steps. For the investigation mainly the answers given by the operators to the inquiry sent to them in April 2014 were used, as well as the documents published by them, i.e. in essence the general terms and conditions and also other contract forms. During the investigation both the transparency from the operators and the way those operators deal with the consent given by their subscribers were found to be wanting. Frequent shortcomings are uncertainty about the data to be processed and the implications of that processing, consent with processing is de facto not asked but assumed, the possibility to withdraw the consent is not always clear and contracts with third parties offer not enough guarantee for a legal processing of the communication data.

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