Package Telecom: no upheaval in favour of neutrality
October 22, 2011 at 8:41 am Leave a comment
LA©gislation – L’ schedule transposition of the T& Package; eacute; lé COM ré digé E by the government if it equips l’ Arcep of compé tences é tended, shows itself not very constraining in matiè Re of neutralité and of protection of the donné be personal. Eric Besson has on the other hand ajouté provisions sé curitaires without bond with the directives europé ennes.
To transpose in right franA§ais the directive europA©enne Paquet TA©lA©com, the government franA§ais has optA© for?? schedule. The text has A©tA© put on line the 24 aoA” T per Eric Besson aprA¨s to have A©tA© prA©sentA© at the Council of Ministers.
is thus dA©sormais bouclA©e, and my? me publiA©e with the Official journal. Is AoA” T however seldom the most favourable month for?? examination of the major texts. The TA©lA©com Package, version franA§aise, thus comprise provisions in matiA¨re of rA©gulation of the tA©lA©communications, protection of the life privA©e and sA©curitA© of the critical infrastructures.
a qualitA© of service “; minimale”; , and not “; suffisante”;
prA©sentant government?? ordinance estimates however that has “new directives do not upset the national legal framework has”, but constitute has “plutA/t has” amA©nagements. UnA principal contributions of the directive relates to?? indA©pendance and the capacities of the rA©gulator, has to know?? Arcep.
the compA©tences of this last are A©tendues, like its capacities da?? enquA? you. The rA©gulator is A©galement dotA©, inter alia, of the capacitA© “to fix obligations at the opA©rateurs has”. According to the government, the promotion of the neutralitA© of the rA©seaux fact dA©sormais also part of its prA©rogatives.
How? With “the capacity of rA¨glement of the diffA©rends of the rA©gulator is A©tendu has those opposing the opA©rateurs of A©lectroniques communications to the companies providing of departments of communication to the public on line. With”
\#?? Will Arcep be able of my? to fix me has “minimal requirements of qualitA© of service has”. While retaining has “minimal has”, the minister thus made the da choice?? A©carter made by dA©putA©s of the majoritA© and?? opposition.
Of the obligations D `information for the service providers
The latter prA©conisait that is taken into account the concept of. But except the capacities accordA © S.A. ?? Arcep, the transposition franA§aise of the TA©lA©com Package does not result in an inscription of the principle of neutralitA© in the law.
However, the government has sometimes estimA© nA©cessaire da?? to go beyond provisions of the directives europA©ennes for intA©grer of measurements according to him nA©cessaires, in particular in the field of the data-processing sA©curitA©.
On the shutter of?? schedule consacrA© has ?? information of the consumers?? exA©cutif prA©cise donnA©es that?? opA©rator will be dA©sormais held to communicate in his contracts, whose restrictions appliquA©es has ?? accA ¨ S.A. services and has their use.
It is A©galement exigA© service providers A©lectroniques qua?? they inform their customers of the legal consA©quences of the use of the services for illicit activitA©s, like the infringements of the right da?? author. An addition which will satisfy Hadopia? ¦
the suppliers must still institute a mA©diator has “impartial and compA©tent has” to which the consumers will be able its?? to address …
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