Telephony, internet or television service providers may request financial guarantees when indicators show that a user has a history of unpaid debts, based on an assessment of their past payment behaviour. Debts owed to other electronic communications providers may also be considered. These guarantees serve as a protective measure for providers, and ANCOM ensures that operators comply with their obligation to inform users about the possibility of such guarantees being required.
Provider obligations
According to electronic communications legislation, providers must clearly and transparently inform users about the possibility of requesting an advance payment or other financial guarantees, as well as the conditions under which these guarantees may apply. This information must be provided both before the contract is signed and within the contract itself.
The specific amounts or the method of calculation, calculation methods, and conditions for requesting or refunding guarantees are not regulated by telecommunications law. Credit limits, advance payments or deposit guarantee are set individually by each provider based on their commercial policies.
Preventel
To ensure effective and rapid communications, electronic communications service providers have created Preventel, a database containing information about customers who have failed to meet payment obligations for contracted services. Information about Preventel is generally included in contracts for telephony, internet, or television service contracts.
Note: ANCOM does not regulate Preventel and has no authority over the registration or deletion of data in this system.
Good to know
Users wishing to sign a contract for telephony, internet, or television services and who have outstanding unpaid bills are advised to ask the provider whether an advance payment will be required and under what conditions it will be refunded. ANCOM especially recommends checking this when signing contracts remotely (online or by phone).
Providers cannot refuse porting a phone number. However, even in this situation, the provider to whose network the user wishes to transfer their number may condition the new contract on an advance payment as a guarantee.
Where and how to file a complaint
To report a lack of transparency regarding financial guarantees requested by electronic communications service providers users can contact ANCOM here.
At the national level, the institution responsible for verifying the legality of personal data collection and processing in the providers’ IT systems is, for natural persons, the National Authority for the Supervision of Personal Data Processing. Legal entities can address their concerns to the courts.