### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services whose main business activity consists in the storage information provided by a recipient of the service at his or her request and in making the information stored directly available to the public . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services , to the extent they make the information directly available to the public third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers hosting illegal content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### the measures taken by the hosting service provider should not lead to the imposition of a general monitoring , as provided in article 15 of directive 2000 / 31 / ec . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal removal orders requesting hosting service providers to remove illegal terrorist content , following an assessment by the competent authorities , should be harmonised . given the speed at which illegal terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that illegal terrorist content identified in the removal order is removed without undue delay after receiving the removal order .


### if the hosting service provider cannot comply with the removal order because the removal order contains manifest errors or does not contain sufficient information to execute the order , it shall inform the competent authority without undue delay , asking for the necessary clarification , using the template set out in annex iii . the deadline set out in paragraph 2 shall apply as soon as the clarification is provided . ### if the hosting service provider cannot comply with the removal order because the removal order contains manifest errors , is insufficiently substantiated or does not contain sufficient information to execute the order , it shall inform the competent authority without undue delay , asking for the necessary clarification , using the template set out in annex iii . the deadline set out in paragraph 2 shall apply as soon as the clarification is provided .


### promoting the activities of a terrorist group , in particular by encouraging the participation in or support to a terrorist group within the meaning of article 2 of directive 2017 / 541 ; ### promoting the criminal activities of a terrorist group , in particular by encouraging the participation in or support to a terrorist group within the meaning of article 2 of directive 2017 / 541 ;


### in the absence of a general requirement for service providers to ensure a physical presence within the territory of the union , there is a need to ensure clarity under which member state ' s jurisdiction the hosting service provider offering services within the union falls . as a general rule , the hosting service provider falls under the jurisdiction of the member state in which it has its main establishment or in which it has designated a legal representative . nevertheless , where another member state issues a removal order , its authorities should be able to enforce their orders by taking coercive measures of a non - punitive nature , such as penalty payments . with regards to a hosting service provider which has no establishment in the union and does not designate a legal representative , any member state should , nevertheless , be able to issue penalties , provided that the principle of ne bis in idem is respected . ### in the absence of a general requirement for service providers to ensure a physical presence within the territory of the union , there is a need to ensure clarity under which member state ' s jurisdiction the hosting service provider offering services within the union falls . as a general rule , the hosting service provider falls under the jurisdiction of the member state in which it has its main establishment or in which it has designated a legal representative . with regards to a hosting service provider which has no establishment in the union and does not designate a legal representative , any member state should , nevertheless , be able to issue penalties , provided that the principle of ne bis in idem is respected .


### this regulation lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular : ### this regulation lays down targeted rules to address the misuse of hosting services by third parties for the dissemination of illegal terrorist content online . it lays down in particular :


### if the hosting service provider cannot comply with the removal order because of force majeure or of de facto impossibility not attributable to the hosting service provider , it shall inform , without undue delay , the competent authority , explaining the reasons , using the template set out in annex iii . the deadline set out in paragraph 2 shall apply as soon as the reasons invoked are no longer present . ### if the hosting service provider cannot comply with the removal order because of force majeure or of de facto impossibility not attributable to the hosting service provider , it shall inform , without undue delay , the competent authority , explaining the reasons , using the template set out in annex iii . paragraph 2 shall apply as soon as the reasons invoked are no longer present , except when the hosting service provider cannot comply with the removal order because it would have disproportionate effects on the rights of its users such as protection of private life , data protection , secrecy of correspondence , freedom of expression and information in an open and democratic society .


### the competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist content or disable access to it . ### the competent authority shall have the power to issue a removal order requiring the hosting service provider to remove terrorist content or disable access to it and shall immediately inform the competent authorities of any other member states whose interests it considers may be affected by the issuing of that removal order .


### proceedings of administrative or judicial review , ### proceedings of administrative or judicial review and remedy ,


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored directly available to the public . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services , excluding cloud it infrastructure service providers , to the extent they make the information directly available to the public . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### a set of measures to be put in place by member states to identify terrorist content , to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other member states , hosting service providers and where appropriate relevant union bodies . ### a set of measures to be put in place by member states to identify terrorist content , to enable its removal by hosting service providers in accordance with union law providing suitable safeguards for fundamental rights and to facilitate cooperation with the competent authorities in other member states , hosting service providers and where appropriate relevant union bodies .


### a statement of reasons explaining why the content is considered terrorist content , at least , by reference to the categories of terrorist content listed in article 2 ; ### a statement of reasons explaining why the content is considered terrorist content , at least , by reference to the categories of illegal terrorist content listed in article 2 ;


### hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content . ### hosting service providers which are or have been subject to referral or a removal order shall publish an annual transparency report on action taken against the dissemination of terrorist content .


### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers that have been in receipt of a substantial number of uncontested removal orders pursuant to article 4 , shall take appropriate , reasonable and proportionate actions in accordance with this regulation , to address the public dissemination of terrorist content and to protect users from illegal terrorist content . in doing so , they shall respect the fundamental rights and freedoms of the recipients of their services as enshrined in the eu charter of fundamental rights .


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services whose main business activity consists in storing and making publicly available information provided by and at the request of the content provider . for the purpose of this regulation , micro , small , and medium sized enterprises , electronic communications services , online marketplaces and infrastructure - as - a - service providers are not considered hosting service providers .


### for the purposes of this regulation , member states should designate competent authorities . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders , referrals and for overseeing proactive measures and for imposing penalties . it is for member states to decide how many authorities they wish to designate for these tasks . ### for the purposes of this regulation , member states should designate a single competent authority unless their constitutional arrangements prevent a single authority from being responsible . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders , and for imposing penalties .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following a legal assessment by the competent authorities , should be harmonised . member states should designate the competent authorities among their independent administrative and judicial authorities with that task . given the speed at which illegal terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that illegal terrorist content identified in the removal order is removed or access to it is disabled without undue delay . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union based on the definition of illegal terrorist content , the implementation of effective redress mechanisms and generally taking as a basis of their decision any other applicable provisions from this regulation .


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers shall , where appropriate , take voluntary proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective , appropriate and proportionate , taking into account the risk and level of exposure to terrorist content , the technical and operational capacity , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society .


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of illegal terrorist content’ means making illegal terrorist content available to third parties on the hosting service providers’ services ;


### this regulation lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular : ### this regulation lays down uniform rules to address the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular :


### no sooner than [ three years from the date of application of this regulation ] , the commission shall carry out an evaluation of this regulation and submit a report to the european parliament and to the council on the application of this regulation including the functioning of the effectiveness of the safeguard mechanisms . where appropriate , the report shall be accompanied by legislative proposals . member states shall provide the commission with the information necessary for the preparation of the report . ### no sooner than [ three years from the date of application of this regulation ] , the commission shall carry out an evaluation of this regulation and submit a report to the european parliament and to the council on the application of this regulation including the functioning of the effectiveness of the safeguard mechanisms and the impact on fundamental rights , including freedom of expression and freedom to receive and impart information . where appropriate , the report shall be accompanied by legislative proposals . member states shall provide the commission with the information necessary for the preparation of the report .


### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content . ### transparency of hosting service providers ' policies in relation to illegal terrorist content is essential to enhance accountability towards users and to reinforce trust of citizens in hosting service providers’ and competent authorities’ in the union . hosting service providers should publish annual transparency reports containing detailed and meaningful information about action taken in relation to the detection , identification and removal of illegal terrorist content and the potential legal content restrictions . likewise , competent authorities should publish annual transparency reports containing detailed and meaningful information about the number of legal orders issued , the number of removals , the number of identified and detected illegal terrorist content leading to investigation and prosecution of terrorist offences and the number of restrictions on legal content .


### ' terrorist content ' means one or more of the following information : ### ‘ illegal terrorist content’ refers to any offence defined in articles 5 to 7 of directive 2017 / 541 on combating terrorism ;


### a set of measures to be put in place by member states to identify terrorist content , to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other member states , hosting service providers and where appropriate relevant union bodies . ### a set of measures to be put in place by member states to identify illegal terrorist content , to enable its swift removal by hosting service providers and to facilitate cooperation with the competent judicial and independent administrative authorities in other member states , hosting service providers and where appropriate relevant union bodies .


### the right to an effective remedy is enshrined in article 19 teu and article 47 of the charter of fundamental rights of the european union . each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this regulation , which can adversely affect the rights of that person . the right includes , in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the member state whose authorities issued the removal order . ### the right to an effective remedy is enshrined in article 19 teu and article 47 of the charter of fundamental rights of the european union . each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this regulation , which can adversely affect the rights of that person . the right includes , in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the member state whose authorities issued the removal order . that right can be exercised before the court of the member state where the hosting service provider has its main establishment or where the legal representative designated by the hosting provider pursuant to article 16 resides or is established .


### when putting in place proactive measures , hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications , where appropriate , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . this is of particular relevance when hosting service providers use automated means to detect terrorist content . any decision to use automated means , whether taken by the hosting service provider itself or pursuant to a request by the competent authority , should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . ### when exercising duty of care , hosting service providers should ensure that users’ right to freedom of expression and freedom to receive and impart information is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data and protection of privacy , the hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications , as well as periodic review of actions taken to avoid any unintended and erroneous practices leading to removal of content that is not illegal terrorist content . the hosting service providers should also ensure that their exercising due care does not produce disproportionate , discriminatory , untargeted , unspecific or unjustified effects .


### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including , where appropriate , a meaningful explanation of the functioning of proactive measures including the use of automated tools . ### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including , where appropriate , a meaningful explanation of the functioning of the voluntary proactive measures in place , including the use of automated tools .


### this regulation lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular : ### this regulation lays down targeted rules to address the misuse of hosting services by third parties for the dissemination of illegal terrorist content online . it lays down in particular :


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it without undue delay from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not illegal terrorist content .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council . given the need to address the most harmful terrorist propaganda online , the definition should capture material that incites , encourages or advocates the commission or contribution to terrorist offences , or promotes the participation in activities of a terrorist group . the definition should also cover content that provides guidance for the making and the use of explosives , firearms , any other weapons , noxious or hazardous substances as well as chemical , biological , radiological and nuclear substances and any guidance on other methods and techniques , including the selection of targets , for the purpose of committing terrorist offences . such information material includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , counter - narrative or research purposes should be adequately protected , by striking a fair balance between fundamental rights and public security needs . especially in cases where the content provider holds an editorial responsibility , any decision as to the removal of the disseminated material should take into account the journalistic standards established by press or media regulation consistent with the law of the union and the charter of fundamental rights . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content .


### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers that have been in receipt of a substantial number of uncontested removal orders pursuant to article 4 , shall take appropriate , reasonable and proportionate actions in accordance with this regulation , to address the public dissemination of terrorist content and to protect users from illegal terrorist content . in doing so , they shall respect the fundamental rights and freedoms of the recipients of their services as enshrined in the eu charter of fundamental rights .


### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the terrorist content shall , upon request from the competent authority or court , be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1 . ### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the terrorist content shall , upon request from the competent authority or court , be preserved for a specifically defined longer period when and for as long as necessary for investigation or prosecution of terrorist offences or ongoing proceedings of administrative or judicial review referred to in paragraph 1 .


### a set of measures to be put in place by member states to identify terrorist content , to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other member states , hosting service providers and where appropriate relevant union bodies . ### a set of measures to be put in place by member states to identify illegal terrorist content , to enable its expeditious removal by hosting service providers in accordance with union law providing suitable safeguards for fundamental rights and to facilitate cooperation with the competent judicial or administrative authorities in other member states , hosting service providers and where appropriate relevant union bodies


### to that end , providers of public communications networks or publicly available electronic communications services shall make available and actively offer , clearly and transparently , products or specific offers allowing its end - users to provide access to third parties through a radio local area network . ### to that end , providers of public communications networks or publicly available electronic communications services may make available and actively offer , clearly and transparently , products or specific offers allowing its end - users , upon request to provide access to third parties through a radio local area network . liability for actions carried out by a third - party though such access to an end - user’s rlan equipment shall be borne by the provider and those third - parties that seek access .


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for consumers with disabilities , following a universal design approach , including , where appropriate , equipment with assistive technologies that is interoperable with publically available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , such as european standard en 301 549 v1 . 1 . 2 or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council38 . member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for consumers with disabilities under normal economic conditions . the average cost of the relay services for consumers with disabilities should be equivalent to that of voice communication services in order not to prejudice consumers with disabilities . the net costs of providers of relay services should be compensated based on article 84 . __________________ 38 directive xxx / yyyy / eu of the european parliament and of the council of . . . on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in the digital economy , market participants increasingly consider information about users as having a monetary value . electronic communications services are often supplied against counter - performance other than money , for instance by giving access to personal data or other data . the concept of remuneration should therefore encompass situations where the provider of a service requests and the end - user actively provides personal data , such as name or email address , or other data directly or indirectly to the provider . it should also encompass situations where the provider collects information without the end - user actively supplying it , such as personal data , including the ip address , or other automatically generated information , such as information collected and transmitted by a cookie ) . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the end - user is exposed to advertisements as a condition for gaining access to the service , or situations where the service provider monetises personal data it has collected . __________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 . ### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the service provider intends to monetise personal data it has collected or received . __________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### member states should be able to lay down proportionate ' must carry ' obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives , such as media pluralism and cultural diversity . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1 ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services , although they still do not consider them as substitutes to traditional voice services , due to a perception of different levels of quality , security and interoperability . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach to the extent possible . the existing differences between services should however be acknowledged , online services such as voice over ip being provided in most cases without having substantial control over the network used for enabling the communication but on the other hand allowing end - user to switch from service to service in an easier manner than from traditional communication services . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication in a proportionate manner to deliver the best outcomes for end users . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service , therefore these services should not be defined on the basis of the technology used , but on the legitimate expectations end - users have for the service provided depending for instance on the price paid or the ease of terminating the contract . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . this last category should not include services where connectivity is provided as an input product into connected devices or ' smart goods ' or where the provision of connectivity with such products is subject to a contract with the end - user , as they would be considered as embedded digital content or services according to the directive concerning contracts for the supply of digital content . as said types of services may partly overlap , it is likely that services which only meet the criteria of the conveyance of signals category would be limited to transmission services used for the provision of machine - to - machine services and broadcasting . similarly to the case of broadcasting , where the transmitted content does not fall within the definition of an electronic communications service , a distinction between a machine - to - machine service and its underlying transmission should be made . only the transmission should be considered as conveyance of signals , whereas the application part of a machine - to - machine service should not . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1


### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee freedom of expression and information , media pluralism , cultural diversity , consumer protection , privacy and the protection of personal data . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### in justified cases , obligations on providers of number - independent interpersonal communications services to make their services interoperable , namely where access to emergency services or end - to - end connectivity between end - users is endangered due to a lack of interoperability between interpersonal communications services . ### in justified cases , and where technically feasible , obligations on providers of interpersonal communications services to make their services interoperable , namely where effective competition , or end - to - end connectivity between end - users is endangered due to a lack of interoperability between interpersonal communications services .


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### in accordance with berec guidelines , national regulatory authorities shall define the minimum capability of the internet access service referred to in paragraph 1 with a view to reflect the services used by the majority of consumers at a fixed location in their territory or relevant parts of their territory , which are indispensable to ensure social and economic participation in society . to that end , the internet access service shall be capable of delivering the band with necessary for supporting at least the minimum set of services set out in annex v . by . . . [ 18 months after the date of entry into force of this directive ] , berec shall , in order to contribute towards a consistent application of this article , after consulting stakeholders and in close cooperation with the commission , taking into account available commission data , adopt guidelines which allow national regulatory authorities to define the minimum quality of service requirements , including minimum bandwidth , to support at least the minimum set of services set out in annex v and reflecting the average bandwidth availability to the majority of the population in each member state . those guidelines shall be updated every two years to reflect technological advances and changes in consumer usage patterns .


### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service ; ### ' interpersonal communications service’ means a service normally provided for remuneration where the principal purpose of the service is devoted to enabling direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ;


### in accordance with the provisions of annex x , member states shall ensure the interoperability of the consumer digital television equipment referred to therein . ### in accordance with the provisions of annex x , member states shall ensure the interoperability of the consumer radio and television equipment referred to therein .


### voice communications’ means a service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan ; ### ' voice communications’ means an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , and comprising other means of communication as an alternative to voice communication and intended specifically for end - users with disabilities , such as total conversation services and text based and video based relay services ;


### member states shall ensure that in providing facilities and services additional to those referred to in article 79 , those undertakings providing the services in accordance with article 79 , 81 and 82 establish terms and conditions in such a way that the end - user is not obliged to pay for facilities or services which are not necessary or not required for the service requested . ### member states shall ensure that in providing facilities and services additional to those referred to in article 79 , providers of the voice communications and internet access services in accordance with article 79 , 81 and 82 establish terms and conditions in such a way that the end - user is not obliged to pay for facilities or services which are not necessary or not required for the service requested .


### member states shall ensure that in order to implement article 40 , the competent authorities have the power to issue binding instructions , including those regarding the measures required to remedy a breach and time - limits for implementation , to undertakings providing public communications networks or publicly available electronic communications services . ### member states shall ensure that in order to implement article 40 , the competent authorities have the power to issue binding instructions , including those regarding the measures required to prevent or remedy an incident and time - limits for implementation , to undertakings providing public communications networks or publicly available electronic communications services .


### interpersonal communications services are services that enable interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also all types of emails , messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . under exceptional circumstances , a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service . ### interpersonal communications services are services where the principal purpose of the service consists in enabling interpersonal and interactive exchange of information , covering services like traditional voice calls between two individuals but also messaging services , or group chats . interpersonal communications services only cover communications between a finite , that is to say not potentially unlimited , number of natural persons which is determined by the sender of the communication . communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication . interactive communication entails that the service allows the recipient of the information to respond . services which do not meet those requirements , such as linear broadcasting , video on demand , websites , social networks , blogs , or exchange of information between machines , should not be considered as interpersonal communications services . a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is not the main purpose of the service and for objective technical reasons cannot be used without that principal service , and its integration is not a means to circumvent the applicability of the rules governing electronic communications services , as the application of the provisions in this directive would not be proportionate to the level of connectivity provided with this service . an example for such an exception could be , in principle , a communication channel in online games , depending on the features of the communication facility of the service .


### any of these measures regarding end - users’ access to , or use of , services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are provided for by law and respect the essence of those rights or freedoms , are appropriate , proportionate and necessary , and genuinely meet objectives of general interest recognised by the union or the need to protect the rights and freedoms of others in line with article 52 of the charter of fundamental rights of the european union and with general principles of union law , including effective judicial protection and due process . accordingly , these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy . a prior , fair and impartial procedure shall be guaranteed , including the right to be heard of the person or persons concerned , subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the charter of fundamental rights of the european union . the right to effective and timely judicial review shall be guaranteed . ### any measures regarding end - users ' access to , or use of , services and applications through electronic communications networks liable to limit the exercise of rights or freedoms recognised by the charter may only be imposed if they are provided for by law and respect those rights or freedoms , are appropriate , proportionate , and necessary , and genuinely meet objectives of general interest recognised by the union or the need to protect the rights and freedoms of others in line with article 52 of the charter and with general principles of union law , including the right to an effective judicial protection and due process . accordingly , these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy . a prior , fair and impartial procedure shall be guaranteed , including the right to be heard of the person or persons concerned , subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the charter . the right to effective and timely judicial review shall be guaranteed .


### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . unless explicitly excluded from the scope of application of the code , electronic communications networks and services are covered by this code . also , the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1 ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users and their rights are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from the perspective of end - users and the protection of their rights it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1


### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . ### member states shall ensure that all consumers in their territory have access at an affordable price , in the light of specific national conditions , to an available broadband internet access and voice communications services at the quality specified in their territory , including the underlying connection , at a fixed location .


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all end - users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services regardless of their place of residence within the union . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### in taking the measures referred to in paragraph 1 , member states shall encourage compliance with the relevant standards or specifications published in accordance with article 39 . ### in taking measures referred to in paragraph 1 , member states shall encourage compliance with the relevant standards or specifications published in accordance with article 39 . insofar as the provisions of this article conflict with the provisions of directive xxx / yyyy / eu of the european parliament and of the council1a , the provisions of directive xxx / yyyy / eu shall prevail . __________________ 1a directive xxx / yyyy / eu of the european parliament and of the council of . . . on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service ; ### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the person initiating or participating in the communication determine its recipient . it is the nature of such a service that it is bidirectional ;


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for consumers with disabilities , following a universal design approach , including , where appropriate , equipment with assistive technologies that is interoperable with publically available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , such as european standard en 301 549 v1 . 1 . 2 or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council38 . member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for consumers with disabilities under normal economic conditions . the average cost of the relay services for consumers with disabilities should be equivalent to that of voice communication services in order not to prejudice consumers with disabilities . the net costs of providers of relay services should be compensated based on article 84 . __________________ 38 directive xxx / yyyy / eu of the european parliament and of the council of . . . on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of their networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to ensure that electronic communications content are encrypted from end - to - end by default , in order to prevent and minimise the impact of security incidents on users and on other networks and services .


### national regulatory authorities shall ensure that the information referred to in annex viii is published in a clear , comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , or by the national regulatory authority itself . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published . ### national regulatory authorities shall ensure that , where the provision of relevant services is subject to terms and conditions , the information referred to in annex viii is published in a clear , comprehensive , machine - readable and easily accessible form , including in particular for end - users with disabilities , by the providers of internet access services , providers of publicly available interpersonal communications services and transmission services used for broadcasting . such information shall be updated regularly . national regulatory authorities may maintain or introduce in their national law additional requirements in relation to the transparency requirements set out in this paragraph .


### without prejudice to information and reporting obligations under national legislation other than the general authorisation , national regulatory and other competent authorities may only require undertakings to provide information under the general authorisation , for rights of use or the specific obligations referred to in article 13 that is proportionate and objectively justified for : ### without prejudice to information and reporting obligations under national legislation other than the general authorisation , national regulatory and other competent authorities may only require undertakings to provide information under the general authorisation , in a common and standardised format , for rights of use or the specific obligations referred to in article 13 that is proportionate and objectively justified for :


### the commission , shall be empowered to adopt delegated acts in accordance with article 109 with a view to specifying the measures referred to in paragraphs 1 and 2 , including measures defining the circumstances , format and procedures applicable to notification requirements . the delegated acts shall be based on european and international standards to the greatest extent possible , and shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2 . ### the commission , shall be empowered to adopt delegated acts in accordance with article 109 with a view to specifying the measures referred to in paragraphs 1 and 2 , including measures defining the circumstances , format and procedures applicable to notification requirements . the delegated acts shall be based on european and international standards to the greatest extent possible , and shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2 . where member states impose additional requirements on undertakings providing public communications networks or publicly available electronic communications services in more than one member state , they should notify these measures to the commission and enisa . enisa shall assist member states in coordinating the measures taken to avoid duplication or diverging requirements that may create security risks and barriers to the internal market .


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of internet access services , publicly available number - based interpersonal communications services and transmission services used for broadcasting , unless the proposed changes are exclusively to the benefit of the end - user or are of a purely technical nature and have a neutral effect on the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any change in the contractual conditions , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium by the same means as the provider ordinarily uses in its communications with consumers .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1 ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services , although they still do not consider them as substitutes to traditional voice services , due to a perception of different levels of quality , security and interoperability . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach to the extent possible . the existing differences between services should however be acknowledged , online services such as voice over ip being provided in most cases without having substantial control over the network used for enabling the communication but on the other hand allowing end - user to switch from service to service in an easier manner than from traditional communication services . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication in a proportionate manner to deliver the best outcomes for end users . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service , therefore these services should not be defined on the basis of the technology used , but on the legitimate expectations end - users have for the service provided depending for instance on the price paid or the ease of terminating the contract . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . this last category should not include services where connectivity is provided as an input product into connected devices or ' smart goods ' or where the provision of connectivity with such products is subject to a contract with the end - user , as they would be considered as embedded digital content or services according to the directive concerning contracts for the supply of digital content . as said types of services may partly overlap , it is likely that services which only meet the criteria of the conveyance of signals category would be limited to transmission services used for the provision of machine - to - machine services and broadcasting . similarly to the case of broadcasting , where the transmitted content does not fall within the definition of an electronic communications service , a distinction between a machine - to - machine service and its underlying transmission should be made . only the transmission should be considered as conveyance of signals , whereas the application part of a machine - to - machine service should not . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . __________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1