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| Documentary Dossier/Spanish Legislation Summaries |
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| Telecommunications Market Commission approves to modify the technical specification of portability in mobile networks. |
| Law 44/2006, 29 December, improving consumer and user protection |
| ROYAL DECREE 776/2006, 23 June, hereby modifying Royal Decree 287/1999, 23 July, approving the National Technical Plan for terrestrial digital radio broadcasting and Royal Decree 424/2005, 15 April, approving the Rule on conditions for providing electronic communication services, universal service and protection of users. |
| Órder ITC/912/2006, 29 March, regulating conditions related to the quality in the provision of electronic communication services. |
| Royal Decree 424/2005, 15 April, approving the regulation on conditions for the provision of electronic communication services, the universal service and user protection. |
| Royal Decree 2296/2004, 10 December, approving the regulation on electronic communications markets, access to networks and numbering. |
| Resolution 15 September 2004, on the Code of Conduct for offering Additional Tariff Services |
| ORDER PRE/2410/2004, 20 July, modifying ORDER PRE/361/2002, regarding the rights of users and additional tariff services |
| Law 32/2003, 3 November, General Law on Telecommunications |
| LAW 34/2002, 11 July, on information society services and electronic commerce. |
| ORDER CTE/711/2002, 26 March, laying down the conditions for provision of a telephone directory service as regards users’ numbers. |
| Law 15/1999, 13 December, protection of data of a personal nature. |
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| Documentary Dossier / European Directives |
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The new regulatory framework is made up of a framework Directive (Directive 2002/21/CE of the European Parliament and the Council, 7 March 2002, concerning a common regulatory framework of electronic communication networks and services) and four specific directives: |
- Directive 2002/58/CE of the European Parliament and the Council, 12 July 2002, concerning the treatment of personal data and the protection of privacy in the sector of electronic communications (Directive on privacy and electronic communications).
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- Directive 2002/20/CE of the European Parliament and the Council, 7 March 2002, concerning the authorization de of electronic communication networks and services.
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- Directive 2002/22/CE of the European Parliament and the Council, 7 March 2002, concerning universal service and users’ rights related to electronic communication networks and services.
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- Directive 2002/19/CE of the European Parliament European and the Council, 7 March 2002, concerning access to electronic communication networks and associated resources and their interconnection.
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The set of Directives mentioned above have as their aim the regulation of electronic communications, a concept that has a more restricted sphere than that of Telecommunications, the object of Law 32/2003, 3 November, General Telecommunications. These Directives, when regulating electronic communications refer to specific areas of telecommunications, being the requirements necessary for acting as an operator in this sector, the rights and obligations of the operators, the obligations in the area of interconnection and access, the need to guarantee minimum provisions under the epigraph of universal service and the rights of users. However, these Directives do not cover themes that are to be found within the realm of telecommunications, as might be the requirements for the evaluation of compliance and the releasing on the market of telecommunication devices. |
As a consequence, full regulation of electronic communications is understood to be included in the widest notion of telecommunications and therefore dictated by the State by virtue of its exclusive jurisdictional attribution of article 149.1.21ª of the Constitution.
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The new regulation consecrates a series of principles, based on a regime of free competition, the introduction of corrective mechanisms that guarantee the appearance of different operators from the ancient monopoly, the protection of users’ rights, the minimum intervention of the Administration in the sector, the respect of the autonomy of the parties in relationships between operators and administrative supervision of aspects related to public service, the public domain and the protection of competition. |
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| DIRECTIVE 2006/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 March 2006
on the retention of data generated or processed in connection with the provision of publicly
available electronic communications services or of public communications networks and amending
Directive 2002/58/EC. |
| DIRECTIVE 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 May 2005
concerning unfair business-to-consumer commercial practices in the internal market and amending
Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European
Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of
the Council
(‘Unfair Commercial Practices Directive’) |
| Directive 2002/58/CE of the European Parliament and Council, 12 July 2002, concerning the treatment of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) and Modifications to Directive 2006/24/CE. |
| Directive 2002/22/CE of the European Parliament and the Council, 7 March 2002, concerning the universal service and the rights of users in relation to networks and electronic communication services. |
| DIRECTIVE 2002/21/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 March 2002
on a common regulatory framework for electronic communications networks and services
(Framework Directive) |
| DIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 March 2002
on the authorisation of electronic communications networks and services
(Authorisation Directive) |
DIRECTIVE 2002/19/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 March 2002
on access to, and interconnection of, electronic communications networks and associated facilities
(Access Directive) |
| DECISION No 676/2002/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 March 2002
on a regulatory framework for radio spectrum policy in the European Community (Radio
Spectrum Decision) |
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain
legal aspects of information society services, in particular electronic commerce, in the Internal
Market ('Directive on electronic commerce') |
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