Electronic Communications Law

In August 2022, Law 16/2022, of 16 August 2022 ("Electronic Communications Law" - "ECL") implemented the European Electronic Communications Code ("European Code" - "EECC").

Despite the absence of changes in critical elements, the ECL brings in some crucial innovations regarding (i) consumer rights, (ii) sanctioning framework, and (iii) privacy in electronic communications.

Compared with the 2005 electronic communications law (Law 5/2004, of 10 February 2004), the ECL has a wider scope reflecting a more comprehensive definition of "electronic communications service". According to the new definition, electronic communication services now encompass individually addressed signal services – delivered through electronic networks – and services independent of numbers, such as internet access, machine-to-machine communications, and over-the-top services ("OTT").