This ‘Decision Notice’ establishes a set of rules on contracts, transparency and termination of services to be complied with by electronic communications service (‘ECS’) providers which are intended to enhance end-user protection. This ‘Decision Notice’ also provides guidance to stakeholders on the correct application of a number of other related requirements contained in S.L. 399.48 titled the ‘Electronic Communications Networks and Services (General) Regulations’ (‘ECNSR’).
Some of the measures contained in this ‘Decision Notice’ were already established in MCA’s 2011 Decision titled ‘Modifications to the Terms and Conditions of Subscriber Contracts’ and MCA’s 2012 Decision titled ‘Subscriber Contracts’ whereas other new measures are being introduced in addition to the requirements established in these Decisions and in the ECNSR.
This Decision Notice becomes applicable on the 1st September 2023 (with the exception of two decisions contained therein to and which shall become applicable with immediate effect) and shall as from the 1st of September 2023 replace in full the above mentioned two MCA Decisions.
The ‘Decision Notice’ is being published following a public consultation launched by the MCA in February 2022, during which four (4) stakeholders, namely EPIC Communications Limited; GO plc; Melita Ltd; and Vanilla Telecoms submitted feedback to the various proposals presented by the MCA.
Consultation on Contracts, Transparency and Termination of Services