ANCOM reminds users of electronic communications services that they have several options for concluding contracts: in writing, on paper or in electronic format, as well as through distance communication means, in accordance with the regulations in force. End-users who are micro-, small enterprises or non-profit organisations enjoy the same rights as consumers in contractual relations with providers of electronic communications services, unless they explicitly agree to waive these rights.
Ways to conclude electronic communications contracts (telephony, internet or television)
According to the legal provisions in force, contracts for the provision of electronic communications services may be concluded in the following ways:
- in writing, on paper, in which case both parties sign using a handwritten signature;
- in writing, in electronic form, if the user agrees, in which case the parties use the qualified electronic signature or, by way of exception, an advanced electronic signature;
- through distance communication means (e.g., telephone, letter, email, online applications or other electronic means), under the conditions described here.
Useful information regarding the conclusion of electronic communications contracts
- Contracts concluded in providers’ shops may be signed either by hand or electronically. For contracts concluded in electronic form, providers allow users to sign digitally, typically by sending via email or SMS a link to a platform where the electronic documents are uploaded. Users can access the contractual documents, read them, and then sign them by applying an electronic signature or by entering an authentication code. Upon request, users may also receive the signed documents in printed form. In these situations, there is no withdrawal period for the user to change their mind, therefore contract termination will follow the contractual clauses, which may include payment of early termination penalties.
- A distance contract is a contract concluded within an organised sales or service provision system, without the simultaneous physical presence of the two parties, with the exclusive use of one or more distance communication means (e.g., telephone, letter, email, online applications, etc.). Providers must transmit the contractual information to users on a durable medium, and users have the right to withdraw from the contract (usually within 14 days from its conclusion).
- Regardless of the method of contract conclusion, providers may set an initial contractual period of no more than 24 months.
General recommendations regarding contract conclusion
ANCOM provides several recommendations for users of electronic communications services who wish to conclude new contracts or extend existing ones, including:
- ensure that they read and receive, in paper or electronic format, all contractual documents (including annexes and brochures), as these are needed during the contract, for later reference;
- pay close attention to information concerning the tariff plan and the initial contractual period, including any penalties for early termination;
- Representatives of micro-, small enterprises or non-profit organisations are advised not to waive their rights concerning contract conclusion, in order to benefit from increased protection in their relationship with providers; ANCOM cannot intervene if users have waived these rights.
Where and how to file complaints
In the first half of 2024, ANCOM received 180 petitions regarding the manner of concluding contracts for the provision of electronic communications services.
ANCOM can verify whether services are being provided on the basis of a contract concluded in accordance with legal provisions, but it is not empowered to intervene in disputes concerning the authenticity of signatures; such matters fall under the competence of criminal investigation bodies or the competent courts.
If suppliers do not comply with the contract, consumers can notify the National Authority for Consumer Protection (ANPC), and while end‑users who are micro‑enterprises, small enterprises or non‑profit organizations may turn to authorized mediators or the courts. ANCOM can provide advice, but it does not have powers regarding the sanctioning of providers in these situations.