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id: 10011

id: 10011

Telecommunications Law

of 16 July 2004

(Journal of Laws Dz.U. 2019 item 2460)

 

Section III. Protection of end users and universal service

Chapter 1. Provision telecommunications services to end users

Art. 56. 1. Telecommunications services shall be provided on the basis of an agreement for provision of telecommunications services.

3. An agreement for provision of telecommunications services, which shall require written or electronic form, shall, subject to par. 5, specify in clear, understandable and easily accessible form, in particular:

17) information about out-of-court consumer dispute resolution proceedings.

Art. 62. 1. The President of the Office of Electronic Communications (UKE), aiming by the need to increase the availability of information on the principles of provision of telecommunications serviced to end users, publishes on BIP UKE website information about basic rights and obligations of subscribers of publicly available telecommunications services, including information on:

5) methods of out-of-court dispute resolution between consumers and telecommunications undertakings.

2. The President of the Office of Electronic Communications (UKE) may request telecommunications undertakings to provide the necessary data to elaborate information, referred to in  paragraph 1, specifying the form in which the data shall be transmitted. The provisions of Art. 6.2 are applied to requirement.

3. The President of the Office of Electric Communications may impose an obligation on telecommunications undertakings to publish information referred to in paragraph 1 on its websites or at customer service points.

 

Chapter 4. Dispute resolution mechanisms

Art. 109. 1. A civil-law dispute between a consumer and provider of publicly available telecommunications services may be settled amicably by way of out-of-court consumer dispute resolution proceedings.

2. Out-of-court consumer dispute resolution proceedings shall be conducted by the President of the Office of Electronic Communications (UKE), who in this scope is the entity entitled to conduct out-of-court consumer dispute resolution proceedings within the meaning of the Out-of-Court Resolution of Consumer Disputes Act of 23 September 2016 (Journal of Laws Dz.U. item 1823).

3. The provisions of the Out-of-Court Resolution of Consumer Disputes Act of 23 September 2016 shall apply to matters not regulated herein.

4. Out-of-court consumer dispute resolution proceedings shall be conducted at the request of a consumer or ex officio, if this is required to protect the interest of the consumer.

5. An application to initiate out-of-court consumer dispute resolution proceedings shall contain at least the elements specified in Art. 33 paragraph 2 of Out-of-Court Resolution of Consumer Disputes Act of 23 September 2016, with the reservation that the applicant may request that a dispute resolution proposal be presented to the parties.

6. An application to initiate out-of-court consumer dispute resolution proceedings is accompanied by a justification of the party's request and the copies of documents owned by the applicant which confirm the information in the application.

7. The President of the Office of Electronic Communications (UKE) refuses to resolve a dispute when the item of the dispute goes beyond categories of disputes which are covered by the jurisdiction of the President of the Office of Electronic Communications (UKE).

8. The President of the Office of Electronic Communications (UKE) may refuse to adjudicate a dispute where:

1) before submitting an application to initiate out-of-court consumer dispute resolution proceedings, the applicant made no attempt at contacting the given provider of publicly available telecommunications services and resolving the dispute directly, including the applicant’s failure to exhaust the complaint procedure;

2) the dispute is of minor importance or an application to initiate out-of-court consumer dispute resolution proceedings will cause the provider of publicly available telecommunications services difficulties;

3) a case concerning the same claim is pending between the same parties, or it has already been adjudicated by the President of the Office of Electronic Communications (UKE), another competent body or court. 

4) the value of the matter at issue is lower than the financial threshold specified in executive regulations issued on the basis of paragraph 12;

5) the applicant filled an application to initiate out-of-court consumer dispute resolution proceedings after the lapse of a year from the day when the applicant attempted to contact the provider of publicly available telecommunications services and to resolve a dispute directly;

6) adjudication of the given dispute would cause major disturbance to the activity of the President of the Office of Electronic Communications (UKE).

9. In the course of the out-of-court consumer dispute resolution proceedings, the President of the Office of Electronic Communications (UKE) shall familiarize the provider of publicly available telecommunications services with the consumer's claim, present to the parties of the dispute the legal provisions applicable to the case and a proposal of dispute resolution.

10. The President of the Office of Electronic Communications (UKE) shall authorize in writing an employee of the Office of Electronic Communications (UKE) to conduct out-of-court consumer dispute resolution proceedings. An authorized employee of the Office of Electronic Communications (UKE) is an individual conducting proceedings within the meaning of the Out-of-Court Resolution of Consumer Disputes Act of 23 September 2016. The authorization is granted for a fixed term.

11. The President of the Office of Electronic Communications (UKE) shall revoke the authorization granted to an employee of the Office of Electronic Communications (UKE) before the end of the period for which the authorization has been granted, in case of:

1) a gross breach of law during performance of the function;

2) conviction by an non-appealable judgment for an intentionally committed criminal or fiscal offence;

3) illness permanently preventing the performance of the duties;

4) resignation.

12. The minister responsible for computerization shall define by way of an executive regulation:

1) a procedure for conducting out-of-court consumer dispute resolution proceedings,

2) the financial threshold of the value of the matter at issue, which, if not reached, may result in a refusal to adjudicate a dispute,

3) the manner of filling applications to initiate out-of-court consumer dispute resolution proceedings,

4. the manner of exchanging information between the parties of out-of-court consumer dispute resolution proceedings via means of electronic communication or post,

5. detailed qualifications of individuals conducting out-of-court consumer dispute resolution proceedings and the minimum period for which an authorization is granted,

6) the time limit for the parties to agree to the presented proposal of dispute resolution or to comply therewith

- having regard to the need to ensure easy access to such proceedings, efficient resolution of disputes, and impartial and independent conduct of such proceedings.

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