European Electronic Communications Code

The continuing evolution and advancement of digital communications around the world, from software-defined networking in a wide area network to over-the-top media services, has created significant business opportunities and advantages across borders. In response to such evolution and advancement, regulators around the world are reviewing their existing telecom regulation to see if it is still fit for purpose in this converging digital environment.

The EU has been leading the charge with the implementation of the European Electronic Communications Code (EECC) and elsewhere, several other jurisdictions outside the EU have reviewed or are looking to review their current regulatory approach to bring it in line with the new definitions contained in the EECC. Therefore, ensuring compliance with the code and other applicable communications laws will be a key theme for 2022.
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As users increasingly use nontraditional modes of communication, such as social media and instant messaging applications, email and VoIP, in place of traditional telephone and data services, so too must privacy laws evolve. The European Electronic Communications Code, proposed on December 4, 2018, expands the definition of electronic communications services to include these “over-the-top services.”