The European Electronic Communications Code
Produced in partnership with David Stewart, Rosio Cafarelli and Gemma Motion of Towerhouse LLP

The following TMT practice note produced in partnership with David Stewart, Rosio Cafarelli and Gemma Motion of Towerhouse LLP provides comprehensive and up to date legal information covering:

  • The European Electronic Communications Code
  • Brexit
  • The aim of the European Electronic Communications Code
  • Scope of the EECC
  • Core elements of the EECC
  • General authorisation for the provision of ECNs and ECSs
  • Spectrum
  • Setting and enforcing regulatory conditions
  • Ensuring access, connectivity and interoperability
  • The market review process
  • More...

The European Electronic Communications Code

This Practice Note provides guidance on Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast), commonly known as the European Electronic Communications Code and referred to in this note as the EECC. The EECC is a recast and consolidation of the primary directives which originally comprised the EU-wide framework for the regulation of electronic communications networks (ECNs) and electronic communications services (ECSs).

Brexit

The majority of key domestic legal changes associated with Brexit came into force at 11.00 pm on 31 December 2020 (IP completion day), including the full repeal of the European Communities Act 1972, incorporation of retained EU law into the domestic legal regime and commencement of most of the associated Brexit legislation, including Brexit SIs.

The EECC took effect in the UK from 21 December 2020 via the Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020, SI 2020/1419 which comprise EU-derived domestic legislation and therefore continue to apply as retained EU law following IP completion day. For further information on retained EU law, see Practice Note: Introduction to retained EU law.

Ofcom has also published its statement on new rules which support the implementation of the EECC in the UK. These include a ban on mobile providers selling locked devices that cannot be used on another network and the enhancement of consumer rights

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