(1) Before a consumer makes a contractual declaration, the provider of publicly available telecommunications services other than transmission services used for the provision of machine-to-machine communication services must make available to the consumer, comprehensively, clearly, and in an easily accessible manner, the following information: 1. the information to be given under Annex VIII, Part A, to Directive (EU) 2018/1972; and 2. information on compensation of end users by their providers for cases where the providers fail to comply with the obligations relating to provider switching or number portability, or miss customer service and installation appointments.
(2) Before a consumer makes a contractual declaration, providers of internet access services and publicly available interpersonal telecommunications services make available, in addition to the information under subsection (1), the information referred to in Annex VIII, Part B, to Directive (EU) 2018/1972.
(3) Operators of public telecommunications networks are required to make available to providers of publicly available telecommunications services the information needed to comply with the information obligations, where only the operators have that information.
(4) The Federal Network Agency may, after involving the associations and undertakings concerned, determine which minimum particulars under subsections (1) and (2) are required. For this purpose, the Federal Network Agency may require providers of publicly available telecommunications services that do not provide solely transmission services for machine-to-machine communication services, or operators of public telecommunications networks, to collect data on the actual minimum level of service quality, to carry out their own measurements, or to develop tools enabling end users to carry out their own measurements. The Federal Network Agency publishes annually on its website a report on its findings and conclusions, setting out, in particular, the extent to which 1. providers of internet access services make available the information required under subsection (2) and under Article 4(1) of Regulation (EU) 2015/2120, 2. significant, continuous, or regularly recurring discrepancies have been found between the service quality measured under the second sentence and the particulars contained in the contract under Article 4(1), first subparagraph, point (d), of Regulation (EU) 2015/2120, and 3. requirements and measures under Article 5(1), first subparagraph, second sentence, of Regulation (EU) 2015/2120 are necessary and effective.
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Part 3 · Customer Protection › Section 55
Information requirements for contracts
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