Art. 111/2 ECA - Royal Decree of 6 September 2016 on the migration of fixed line services and bundles in the electronic communications sector 

The Royal Decree of 6 September 2016 on the migration of fixed line services and bundles in the electronic communications sector lays down the procedure fixed operators providing at least a fixed internet or television service must follow in the event of customer migration (this concerns consumers as well as professional users, provided that they have subscribed to a standard rate plan with the previous operator).

In a nutshell, the Easy Switch procedure provides that the new operator is responsible for the termination of the services (including at least a fixed Internet or television service) with the previous operator, under a mandate given by its new customer, unless the customer mentions in the mandate that he/she will terminate the service.

This mandate must be proposed to the new customer when the order is placed or when the contract is signed. The mandate must contain the information set out in Article 13 of the Royal Decree of 6 September 2016.

To make the termination of the previous contract possible in practice, after the signature of a mandate, operators must follow the Inter-Operator Communication Protocol. The BIPT can provide access to the documentation related to that protocol.

The Royal Decree of 6 September 2016 expects sufficient, clear and objective information to be provided with regard to the migration (see Articles 7 to 9 included and 14 to 18 included).

The Royal Decree of 6 September 2016 also provides that the new operator will automatically pay a statutory compensation to the customer .

  • if the technician's presence at the agreed time has not been proven by a technician's report (Article 19)
  • during an interruption of service that is not resolved after one working day following the day of the event (Article 20/1)

There is also a statutory compensation for delays in the activation of new services (Article 20), but this has to be paid following a request from the subscriber. 
 

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