Article 20.1
1. Member States shall ensure that, when subscribing to services providing connection
to a public communications network and/or publicly available electronic
communications services, consumers, and other end-users so requesting, have a right
to a contract with an undertaking or undertakings providing such connection and/or
services. The contract shall specify in a clear, comprehensive and easily accessible
form at least:
(b)
- information on any other conditions limiting access to and/or use of services
and applications, where such conditions are allowed under national law in
accordance with Community law,
- the minimum service quality levels offered, namely the time for the initial
connection and, where appropriate, other quality of service parameters, as
defined by the national regulatory authorities,
- information on any procedures put in place by the provider in order to
measure and shape traffic so as to avoid filling or overfilling a network link,
and on how these may impact on service quality,
Member States may also require that the contract include any information which may
be provided by the relevant public authorities for this purpose on the use of electronic
communications networks and services to engage in unlawful activities or to
disseminate harmful content, and on the means of protection against risks to personal
security, privacy and personal data, referred to in Article 21(4)(a) and relevant to the
service provided.
CA5
Article 21.3
3. Member States shall ensure that national regulatory authorities are able to oblige
undertakings providing public electronic communications network and/or publicly
available electronic communications services to inter alia:
(b) inform subscribers of any change to the conditions limiting access to
and/or use of services and applications, where such conditions are allowed
under national law in accordane with Community law,
(c) information on any procedures put in place by the provider in order to
measure and shape traffic so as to avoid filling or overfilling a network link,
and on how these may impact on service quality,
If deemed appropriate, national regulatory authorities may promote self- or
co-regulatory measures prior to imposing any obligation.
4. Member States may require that undertakings referred to in paragraph 3 distribute
public interest information free of charge to existing and new subscribers, where
appropriate, through the same means as those ordinarily used by undertakings for their
communications with subscribers and free of charge. In such a case, that information
shall be provided by the relevant public authorities in a standardised format and shall,
inter alia, cover the following topics:
(a) the most common uses of electronic communications services to engage in
unlawful activities or to disseminate harmful content, particularly where it
may prejudice respect for the rights and freedoms of others, including
infringements of copyright and related rights, and their legal consequences;