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Telecommunications

Telecommunications security and integrity of networks and services in accordance with Articles 13-bis and 13-b of Directive 2009/140/EC

In the field of telecommunications (TLC), the European regulatory system looks quite articulate.

The Directive 2002/21/EC constitutes the "Framework Directive" (establishing a common regulatory framework for electronic communications networks and electronic communications services) in the notorious "Telecoms Package" (telecom package), introduced to tidy up the regulatory system telecommunication. In this framework directive will add another 4 directives, namely:

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Telemarketing: ready for the register of public opposition and the Guarantor requirements

As you know November 17, 2010 came into force on September 7, 2010 Presidential Decree No. 178 establishing the public register of subscribers who object to telemarketing activities.

The register, however, will be managed by the " Fondazione Ugo Bordoni "under the supervision of the Ministry of Economic Development - Communications Department . For the mentioned registry is enabled on the domain name registrodelleopposizioni.it and was, in fact, created the site www.registrodelleopposizioni.it Currently (at the time of writing) is a counter on top of the page that shows how the ' activation function is postponed until after midnight on January 31 and then a day 1.2.011.

Moreover, in these hot hours before the actual operation of the register, the Guarantor for the protection of personal data published on the corporate website a measure entitled " Requirements for the processing of personal data for marketing purposes, through the use of the phone with operator, following the imposition of the public register of the opposition - January 19, 2011 - (to be published in the Official Journal) . " The order was dated 19.1.2011 but it has been published on the website of the Guarantor only 29.1.2011.

With this measure, the Guarantor

under Articles. 143, paragraph 1, lett. b) and 154, paragraph 1, lett. c) of the Code, requires all "operators" as full members of the treatment using personal information through the telephone operator for the purpose of sending advertising materials or direct selling or commercial research or commercial communications,

1. with regard to numbers, however, included in lists of subscribers to take the appropriate measures and precautions to ensure respect for the will of the parties concerned that:

  1. law prior to the entry into force of new regulations, have shown a specific consent of the holder for purposes of art. 7, paragraph 4, letter. b) of the Code, taking the documentation available to the Guarantor in writing of such consent, as provided by art. 23 of the Code;
  2. after the entry into force of new regulations demonstrate a specific consent of the holder for purposes of art. 7, paragraph 4, letter. b) of the Code, taking the documentation available to the Guarantor in writing of such consent, as provided by art. 23 of the Code;
  3. law prior to the entry into force of new regulations, have carried with them the right to oppose the processing of personal data for purposes of art. 7, paragraph 4, letter. b) of the Code;
  4. after the entry into force of new rules for them to exercise their right to object to the processing of personal data for purposes of art. 7, paragraph 4, letter. b) of the Code;

2. with regard to numbers from public registers, lists, records or documents available to anyone to do this treatment without the consent of the person concerned only if the specific reference subject has expressly provided for telephone communications activities for the purposes referred to in 'Art. 7, paragraph 4, letter. b) of the Code, or telephone communications for such purposes resulting directly functional activities performed by the person concerned, unless there has been or may be shown opposition to the treatment;

3. with regard to numbers contained in data banks still formed (except in the cases referred to in paragraphs 1 and 2), to treat for the purposes of art. 7, paragraph 4, letter. b) of the Code in respect of the general principles and then only after issuance of appropriate information and to acquire the specific consent (under Articles. 13 and 23 of the Code).

1.2.2011 Starting tomorrow, then, who does not want to be contacted for telemarketing can proceed with the registration of the opposition following the instructions mentioned on both the portal and on those www.registrodelleopposizioni.it telecom operators

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Europe: public consultation on the single telephone number

The European Commission yesterday launched a public consultation on the introduction of a single telephone number for all of Europe. The consultation will end on 28.2.2011.

According to the Commission, the introduction of a unique number for companies favor the single market as it would facilitate contacts with the business community in cross-border transactions.

The statement reads:

Neelie Kroes, European Commission Vice-President and Commissioner for the Digital Agenda, said in this regard: "Today, companies are forced to have a different phone number in each Member State as their customers could contact them. This hinders the establishment of pan-European services for their customers. I call on all stakeholders to help define a strategy that takes into account the needs of businesses and facilitate access by customers. ".

Source: Europe

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From today BEREC in Europe

The telecom package approved in December in Europe has also established BEREC that the acronym of 'Body of European Regulators for Electronic Communications. BEREC comes into operation today, although the telecoms package will be in force from June 2011.

Viviane Reding, EU Commissioner for Telecommunications, said that "The creation of the new European body represents a milestone for telecommunications in Europe. All institutions, Parliament, Council and Commission have agreed on the need to create this new body for the single European market in telecommunications. BEREC will help national regulators and the European Commission to establish consistent rules and a level playing field across the Union, to strengthen the European telecoms services, rapidly evolving areas such as mobile Internet connections, and to give impetus to the recovery business in Europe. "

From the press release:

BEREC is made by the leaders of 27 national telecommunications and is assisted by an office that provides the necessary professional and administrative support. Most decisions will be taken to two-thirds majority and simple majority in the case of opinions requested BEREC in the analysis of measures notified to the Commission by rational rules.

BEREC replaces the "European Regulators Group" which brought together national regulators could function only by consensus, without being involved in the regulation at EU level.

Source: Europe

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