Regulatory areas

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In order to protect consumers OPTA regulates the following areas, which are referred to in the Telecommunications Act:

  • internet safety – protecting the safety and privacy of internet users with the aid of the prohibition of spam and spyware  SpywareUndesirable software installed on your computer.  ;
  • telemarketing – a telemarketer is required to offer consumers the opportunity to decline any calls in the future (the right to object). The telemarketing rules were tightened in July 2009. For instance, a telephone preference service has been introduced;
  • number portability – consumers may retain their number, if they wish to change providers or subscriptions. The market parties are required to assist with this;
  • transparent tariffs – service providers must communicate their tariffs precisely enough to ensure that consumers know what is required of them;
  • contractual provisions – where contractual provisions are amended to the detriment of consumers the relevant business is required to notify its customers of their right to cancel their contract without being penalised. As of July 2009 a term of notice of one month will apply after the initial contract term in the case of all customers;
  • affiliation to a dispute resolution committee – telephone service providers must be affiliated to Stichting Geschillencommissies voor Consumentenzaken [Consumer Affairs Dispute Resolution Committees Foundation], which consumers may approach if they fail to resolve any difficulties that they may have with their service provider;
  • electronic signatures – all electronic signature service providers which issue qualified certificates are required to register with OPTA. They have to comply with requirements stipulated in the Telecommunications Act;
  • paid information numbers – special rules apply in respect of paid information numbers. As a result consumers know what is required of them, if they call any such number;
  • earthworks – landowners who have questions about wayleaves (mandatory or otherwise) may approach OPTA;
  • the universal service – the law stipulates that everyone must be able to avail themselves of a number of services in return for an affordable price. This refers to a fixed telephone connection, a telephone directory and the delivery of post within 24 hours, for example. The Ministry of Economic Affairs has appointed KPN and TNT to serve as universal service providers.

In addition, OPTA is involved in a number of self-regulation  Self-regulationSometimes parties take the initiative to agree on policy rules with each other in the absence of any legislation or regulations governing some or other specific situation.  programmes, including the following related to switching: acting on their own initiative KPN, Tele2, Online, UPC, Ziggo and Bbned have made arrangements to eliminate any obstacles preventing consumers from switching.