On 25th September 2023 the Act on Combating Fraud in Electronic Communications went into effect, the purpose of which is to reduce the scale of abuse in electronic communications, thereby increasing the protection of users. The law formulates a legal framework for telecommunications companies to take measures to prevent abuse of electronic communications.
The Act implements EU Directive No. 2018/1972, which requires member states to provide solutions in their legal regimes that enable national regulators to request providers of public electronic communications networks or publicly available electronic communications services to block, on a case-by-case basis – where justified on grounds of fraud or abuse – access to numbers or services.
The Act specifies four basic forms of abuse in electronic communications, namely: generating artificial traffic, smishing, CLI spoofing and unauthorized change of address information. The means of enforcing the obligations under the Act will be administrative fines imposed by the President of the Office of Electronic Communications.
Should you have any questions, please contact:
SEBASTIAN KITA
Attorney at law
skita@cmwlegal.pl