Polish regulator UKE imposes a fine for violation of open internet regulation

Polish regulator UKE imposed a fine of PLN 15,000 on an ISP Skynet for violation of the open internet regulation. The provider failed to meet the requirement to specify the minimum, usually available and maximum download/upload speeds in the customer contracts.

The obligation is specified in art. 4(1d) of the Regulation (EU) 2015/2120 of the European Parliament and of the Council regarding access to open internet. In Poland, the regulation began to apply on 1 January 2017. From that day, contracts covering the internet access service in fixed networks should include clear and understandable explanations regarding the minimum and usually available data download and upload speeds (in addition to the maximum speeds previously provided). Providers of internet access services are required to provide this information.

In the course of the proceedings conducted by the President of UKE, it was found that Skynet did not fulfill its obligation to include in the contracts the information on the minimum and usually available speeds. The company added the required information into contracts at the beginning of 2019. Fulfilling the obligation, although with a delay, resulted in imposing a lower penalty.

The inclusion of information on minimum and usually available speeds is to guarantee the potential end user already in the pre-contractual phase the right conditions to make a decision regarding the choice of the offer and conclusion of the contract in accordance with his interests and preferences. The informational value of these arrangements can also be associated with strengthening the user’s position in relation to the service provider in the aspect of exercising his rights to use and enforce his rights.

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