At its session held on 04.10.2012, the Communications Regulation Commission (CRC) adopted the following position on the distance sales contracts in connection with art. 229, para. 1 of the Law on electronic communications:By virtue of art. 229, para. 1 of the LEC, a fixed-term contract can be continued only with the explicitly written consent of the subscriber on the terms for its continuation. In the absence of such an agreement, after the expiry of the term of contract it will become a permanent one under the same conditions. The subscriber has the right to terminate the permament contract with one month's notification without penalty due for this.

The indicated rule provides for that a fixed-term contract can be extended only in the presence of the following two prerequisites simultaneously – written consent of the subscriber on the conditions for the extension, which has to be expressed explicitly. The absence of either of the two constituent elements of the transaction leads to its nullity under the art. 229a, para. 2 of the LEC.

 

In connection with the above-mentioned, the distance sale contract for electronic communication services, concluded using a telephone, will not contradict to Art. 229a, para. 1 of the LEC in the simultaneously presence of the following prerequisites:
          - The consent of the subscriber under art. 229, para. 1 of the LEC to be technically recorded in a way that allows the same to be reproduced;
          - The consent of the subscriber under art. 229, para. 1 of the LEC to be informed, i.e. the subscriber to receive during the phone conversation sufficiently clear and complete information on all conditions for extension of the contract (prices, tariff plans, duration, conditions for termination, including also the amount of the penalty due upon early termination, etc.).. It is not enough this information to be available somewhere in the objective reality, but it has to be submitted immediately prior to the agreement (within the phone call), and directly to the subscriber;
          - The information on the conditions for the extension should meet the requirements of art. 228, para. 2 of the LEC, according to which the conditions of the individual contract should be drafted clearly, comprehensively and in an easily accessible form for the subscribers.

 

In the event that any of the above-indicated prerequisites is not available, the concluded distance sales contract for electronic communication services will contradict to art. 229a, para. 1 of the LEC, which makes it void.