Compliance with telecommunications law
The telecommunications law recognizes as a telecommunications entrepreneur not only entrepreneurs who are service or public telecommunications network providers but also entrepreneurs who provide more undefined accompanying services. It is also sufficient to provide services in the territory of Poland, regardless of the entrepreneur’s registered office.
The status of the telecommunications entrepreneur is combined with many registration and information obligations. Therefore, a detailed analysis of economic activity is terms of meeting the requirements of the telecommunications law is significant.
The most important sanctions provided by the Telecommunications law in the event of a breach by the entrepreneur of statutory duties include:
- a fine imposed on the entrepreneur in the amount of up to 3% of income earned in the previous calendar year;
- a fine imposed on a person holding a managerial position or being a member of the management body of the entrepreneur in the amount of up to 300% of its monthly remuneration;
- a fine, restriction of liberty or imprisonment of up to two years (in the event of unauthorised use of radio transmitting or transmitting and receiving equipment without a permit).
It should be remembered that a fine may also be imposed if the entrepreneur ceased to violate the law or repaired the damage caused.
The extensive nature of antitrust regulations means that it is not difficult to inadvertently disregard specific duties. Among the most important deficiencies the following can be mentioned:
- carrying out telecommunications activity without registering in the register of telecommunications undertakings;
- submission of annual financial statements after deadlines;
- submission of data on the type and scope of telecommunications activities performed after deadlines;
- violation of information obligations towards end users;
- failure to reserve information subject to business secrets provided to the Office of Electronic Communications as part of the fulfillments of information obligations,
- failure to regulate provisions of telecommunications services of statutorily specified matter;
- untimely consideration of complaints of telecommunication services;
- failure to implement effective protection of telecommunications secrets;
- irregularities in the processing of personal data;
- placing on the market or putting into service radio equipment without the required marking with a warning sign or other required information;
- use of radio transmitting device or other transmitting devices without a permit;
- hindering or preventing the performance of control activities by the President of the Office of Electronic Communications.
Secure Business Program
As part of the Secure Business Program, RGW offers a legal audit in the scope of compliance of economic activities with the requirements of telecommunications law.
The purpose of the opinion, depending on the needs and situation of the entrepreneur, is to investigate the necessity to register as a telecommunications entrepreneur or to carry out a comprehensive audit regarding the correctness of the economic entity’s compliance with statutory obligations. Actions aimed at ensuring compliance of activities with the relevant regulations will also be proposed in the analysis.
The next stage of providing legal assistance under the Secure Business Program is the implementation of the recommendations presented in the legal opinion.
The implementation of preventive measures may take place, inter alia, through:
- conducting registration process to the extent required by the Act;
- comprehensive replenishment of gaps in information obligations;
- preparation of internal procedures in the area of protection of telecommunications secrets;
- introduction of relevant changes in the regulations for the provision of telecommunications services;
- preparation of internal procedures on personal data protection.