The Impact of EU Regulatory Frameworks on OTT Connectivity Providers

The purpose of this paper is to highlight the main risks facing OTT providers in relation to the provision of services in EU Member States and offer solutions to these issues. This paper will demonstrate that a new regulatory approach may not only directly affect OTT connectivity providers but is also likely to have an impact upon traditional electronic communication service providers as more focus will be placed on how they cooperate with OTT providers and permit the use of their numbers.

The Impact of EU Regulatory Frameworks on OTT Connectivity Providers

Since their inception, Over the Top (“OTT”) connectivity providers have enjoyed favourable regulatory environment and a forbearing approach from the national regulatory authorities.  However, due to the rapid growth of OTT services and their significant impact upon traditional communication providers, this approach has started to change. As suggested in this paper, OTT connectivity providers – particularly if E.164 numbers are used – are very likely to be classified as electronic communication services, and consequently may need to comply with the requirements applicable to traditional electronic communication providers.

The purpose of this paper is to highlight the main risks facing OTT providers in relation to the provision of services in EU Member States and offer solutions to these issues. This paper will demonstrate that a new regulatory approach may not only directly affect OTT connectivity providers but is also likely to have an impact upon traditional electronic communication service providers as more focus will be placed on how they cooperate with OTT providers and permit the use of their numbers.

OTT paper

Furthermore, comparisons will be drawn between OTTs and traditional electronic communication services. This paper will evaluate recent regulatory developments to support arguments as to whether OTTs should be classified as electronic communication services. It will then highlight the main communication requirements – applicable to OTT connectivity providers that allocate numbering resources for the provision of their services – and provide examples of different approaches to similar regulatory issues, adopted by EU member states. Finally, the report will examine security and data protection obligations in relation to electronic communication requirements to which OTT connectivity providers are likely to be subject.

Please note that this paper analyses classification and obligations of ECS under the EU regulatory framework which was enacted in 2002 and later amended in 2009. The current regulatory framework shall be replaced by Directive 2018/1972 establishing European Electronic Communications Code by 21 December 2020. The directive will significantly change the existing regulatory framework and its effect will be assessed in another paper.

 

Download the report

Related Articles

Google Cloud Region: Driving Higher Economic Activity in the Saudi Arabian Economy

Google Cloud Region: Driving Higher Economic Activity in the Saudi Arabian Economy

Access Partnership estimated the economic impact arising from establishing a Google Cloud Region in Saudi Arabia. The analysis finds that...

15 Nov 2023 Reports
Launch of State of APEC Supply Chains with NCAPEC

Launch of State of APEC Supply Chains with NCAPEC

Access Partnership is proud to have developed “The State of APEC Supply Chains” report in partnership with the National Center...

13 Nov 2023 Reports
Economic Impact Analysis Report: Impact of Cloud Adoption for SMMEs in South Africa and Unlocking Benefits Through AWS

Economic Impact Analysis Report: Impact of Cloud Adoption for SMMEs in South Africa and Unlocking Benefits Through AWS

The 2030 Vision in South Africa’s National Development Plan (NDP) outlines that small, micro, and medium enterprises (SMMEs) should create...

13 Nov 2023 Reports
Economic Impact Report: Democratizing access to AI in Thailand with Google

Economic Impact Report: Democratizing access to AI in Thailand with Google

Digital technologies can increase productivity, open new markets, create job opportunities, and enhance global competitiveness, propelling economic growth for countries....

13 Nov 2023 Reports