Telecommunications law

What does telecommunications law entail?

Telecommunications law is a sector-specific area of law that contains rules for and about telecommunications networks. Telecommunications law covers, among other things, agreements between providers such as KPN, Vodafone/Ziggo and T-Mobile, radio spectrum licences, net neutrality or tapping of internet traffic for investigative purposes, spam and cookies. The aim of the law is to protect consumers, promote fair competition and guarantee the quality and accessibility of the infrastructure.

Who is telecommunications law important for?

Are you in the telecom operators and cable companies sector or market, or the “business telecom market”, and are you looking for a solicitor who understands the market?

(a) In the retail market, contracts relating to smartphones, mobile phones/devices/PDAs, internet tablets/tablet PCs, handset subscriptions and accessories play a particularly important role from a legal perspective.

It can also concern: after-sales problems/fulfilment, cables/broadband, home entertainment, car connect, navigation, but also insurance.

(b) In the telecom business market, the main focus is on contracts or the non-fulfilment of products/services in the field of IP Dect/full IP, hosted voice, (open source) PABX, VoIP, data networks, unified communications, video communication/conference, Machine 2 Machine, Mobile Solutions/HNW, Private GSM/VoWLAN Fibre optic/cable/ADSL and Telecom expenses, MVNOs.

(c) In the market for telecom operators and cable companies, the focus is on LTE/WiMAX, content/data/apps, network infrastructure, convergence security communication services, IPTV/new TV viewing, measurement data centres/storage, managed services/cloud CRM/business intelligence and billing.

Telecom, ICT and social media are merging

In the world of telecoms, the boundaries are becoming increasingly blurred due to information technology and other developments. In the mid-1980s, the foundations were laid for the liberalisation of telecoms in the EU. Examples include the standardisation of technology (mobile phones), agreements on frequencies, the demonopolisation of state-owned companies, and cost-oriented tariffs (interconnection, etc.).

Socially, the impact of telecommunications has become a very decisive factor, especially in terms of speed and mass appeal. We have moved from one-way mass communication (television, radio) to mass and, at the same time, individual communication (e-mail, text messages, tweets). And now, communicating via social media apps such as WhatsApp, Snapchat and Telegram has become commonplace. Just like meeting via Zoom, Microsoft Teams or Google Meet. At the same time, we see that companies have embraced social media such as YouTube, Instagram, TikTok and LinkedIn en masse to reach their target audience and engage with them. Not only for broadcasting, but also for other purposes. Their own social media channels, as well as apps and sites with “my environments”, enable companies and other organisations to communicate with their customers/target group faster, cheaper and in a more personalised way than ever before.

What is the impact of social media on telecommunications law?

Whether it concerns a consumer’s mobile subscription with a mobile phone provider or another telecommunications product, everyone is directly or indirectly affected by telecommunications regulation. Ensuring connectivity is crucial for the availability of broadband access to view or send social media messages or stream films, but also for connecting devices such as self-driving cars or energy meters. It is also about consumer protection and lock-in effects of services from large market players, etc.

Hardware and software are developing rapidly

The hardware side is developing rapidly. Mobile phones have been replaced by smartphones and tablets such as the iPad. This has created space for the emergence of apps such as WhatsApp, LinkedIn, Teams and Instagram. In addition to marketers, their political equivalents, the spin doctors, must also keep a close eye on these media and techniques. It marks and facilitates revolutions without government intervention, calls for censorship (China, North Korea) and even leads to deliberate disconnection from the internet (Tunisia, Egypt, Yemen, Syria 2011-2012). So since the market was opened up to newcomers, there has been a real telecom revolution with multiple angles. ICT developments such as SaaS and cloud computing tie in with this and seem to run right through it.

Legislation is also changing

Telecommunications law has led to competition, lower prices and numerous new services, but also to numerous new contracts. Nevertheless, due to advancing technology, it has remained complex, albeit in different areas.

Regardless of how you use fibre optics, 5G or the airwaves, every company is involved in communication. If you are a telecommunications company, you will always have to consider how your business activities relate to the law and the policy of the regulator OPTA.

The telecommunications market requires careful navigation due to competition rules. The Authority for Consumers and Markets (ACM, formerly NMa/Opta) ensures competition, intervenes in prices and calculations, and supervises. That is possible and necessary, but is it also right in your case? Do the providers of dominant infrastructures give you access on reasonable terms? How to deal with the rules on frequencies?

How can a solicitor specialising in telecommunications law help?

A solicitor specialising in telecommunications law is a strategic lawyer who understands the invisible rules of the digital infrastructure and knows how to operate within them. For entrepreneurs and organisations that depend on digital connectivity, a solicitor is the link between technology, law and strategy. At Fruytier Lawyers in Business, this means not only solving problems, but also focusing on and utilising the legal scope in advance. We do this with an eye for market conditions and social impact.