Division of Electronic Communications Services

Is it an electronic communications service and how are these services divided?

An electronic communications service is a service normally provided for remuneration by means of electronic communications networks, but with the exception of services providing content which is transmitted over such networks and with the exception of services exercising editorial control over such content. 

Electronic communications services are further divided into three types of services, which may partly overlap. Specifically:

  • internet access services; 
  • interpersonal communication services;
  • services consisting wholly or mainly in the transmission of signals.

Interpersonal communication services are those services that enable the interactive exchange of information between persons. They include a voice call and messaging service as well as all types of e-mail. An important feature is also that these services include communication only between a finite (i.e. limited) number of natural persons – these persons are determined by the sender of the communication. 

Number-based interpersonal communications services are services that are linked to assigned numbers included in national or international numbering plans or that enable communication with such number(s). This is a classic voice call and SMS messaging.    

On the other hand, number-independent interpersonal communications services are not linked to assigned numbers in national or international numbering plans or do not allow communication with such numbers. These services include Skype, Messenger, WhatsApp and others.        

Services consisting wholly or mainly in the transmission of signals are, for example, transmission services used for the provision of machine-to-machine communication services, which involve the automated transmission of data and information between devices or applications based on software with limited human interaction or fully automated (e.g. smart appliances). Broadcasting services also fall within this category of services.      

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