Legislation and regulations

Our Dutch legislation and regulations are based on European directives. OPTA’s powers and duties are set out in the Postal Act, the Telecommunications Act and their subordinate regulations. OPTA’s performance as an IAB is stipulated in the Independent Post and Telecommunications Authority Act, amongst other things. In order to regulate OPTA has the power to:

  • collect information and inspect documents;
  • impose fines of up to EUR 450,000.00 or the equivalent of 10% of a business’ turnover for any contravention of the law;
  • impose conditional penalties to secure compliance with legal obligations;
  • cancel any telephone numbers that have been issued and to check applications submitted to BIBOB.

Communication

Naturally, the idea is that market parties comply with the law without any intervention by OPTA. The market parties are themselves responsible for complying with the law. It is for this reason that OPTA provides as much information as possible about any new legislation that is promulgated and what the parties concerned may expect from OPTA. The latter also issues policy rules in which it sets out how it intends to exercise its powers. In addition, where possible OPTA attempts to involve market parties in consultation  ConsultationIn a consultation document OPTA sets out its opinion, any decision that it is planning to make, or any issues which are current in relation to important telecommunications or postal matters. The parties affected are afforded the opportunity to respond in writing. A hearing is also always held, in which the various market parties can express their views in person. In response to a consultation OPTA may draft policy rules, for example. In them it explains how it will act as the case may be and how it will interpret specific provisions of the law.   . Their responses help OPTA conduct its analyses and approach its concrete duties, such as carrying out market analyses.

Because OPTA believes that information is so important, it publishes as many documents as possible on its website. You may subscribe to an alert service, which will ensure that you are informed of any new publications. In addition, you may also request publications free of charge by sending an e mail message to info@opta.nl.

Most of the regulation and legislation are written in Dutch. A comprehensive overview can be found here.