Instruments of interest
Draft Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019
25.The Department for Digital, Culture, Media and Sport (DCMS) states in the accompanying Explanatory Memorandum (EM) that this instrument is being made in order to address deficiencies arising from the withdrawal of the UK from the EU in legislation relating to electronic communications in a ‘no deal’ scenario. DCMS states that, in particular, the instrument makes technical amendments to legislation relating to the notification of personal data breaches by providers of electronic communications services, namely by substituting references to the “competent national authority” with references to the Information Commissioner. DCMS also states that the instrument revokes direct EU legislation which is redundant or otherwise inappropriate to retain on the UK’s statute book after exit from the EU. The House may wish to be aware that paragraph 7.12 of the EM states that:
“this instrument revokes rules regulating the prices charged to consumers for certain intra-EU communications (that is, communications originating in one Member State and terminating at a fixed or mobile number in another Member State) which are to apply within the EU from 15 May 2019. These provisions would limit the charges EU operators can charge consumers making phone calls from one EU Member State to another at €0.19 plus VAT per minute for fixed and mobile calls and €0.06 plus VAT per SMS. This is a reciprocal EU single market measure and it would not be appropriate to introduce regulated charges for calls and SMS from the UK to the EU, given that calls and SMS from the EU to the UK will not be included.”
Appendix 1 contains points of clarification asked of the Department.