The European Electronic Communications Code (EECC, Directive 2018/1972), transposed by every Member State, gives EU consumers strong rights when switching telecoms providers. In theory, switching mobile or broadband should be as simple as signing up with the new provider and letting them handle the rest. In practice, many providers continue to write contract terms that obstruct switching, delay number portability, or impose exit charges that breach the Directive.
What is a Switching and number portability?
An EU telecoms contract is a regulated consumer contract for mobile, fixed-line, broadband, or bundled communications services. The EECC sets harmonised consumer protections across the EU: maximum 24-month contract term for the first contract with a provider, easy switching with a one-working-day porting obligation, compensation for service-loss during switching, no contract extension on a tied device beyond the device-cost recovery period, and pre-contractual transparency on speed, data caps, and unilateral changes.
Red flags to watch for
Article 105(1) of the EECC caps the initial commitment period at 24 months. Any longer initial term is non-compliant. Some bundled offers split into a 24-month + automatic renewal structure that effectively locks consumers for longer.
Under Article 105(2), the early termination charge for handset bundles cannot exceed the pro-rated value of the subsidised device. Charges based on remaining service fees alone are non-compliant.
Under Article 106, porting must be initiated by the new provider while the old contract is still active. Any clause requiring you to cancel first is unenforceable and contrary to the Directive.
Article 106(1) requires porting to be completed within one working day of being requested by the consumer through the new provider. Anything longer triggers compensation rights.
Under Article 105(4), consumers may withdraw from the contract without penalty if the provider changes terms. The clause should clearly state this right.
Member State transposition typically requires explicit pre-renewal notification and an easy-cancellation option at renewal. Tacit renewal without notice is prohibited in most jurisdictions.
Article 4 of the Open Internet Regulation 2015/2120 and EECC Annex VIII require providers to disclose normally available and minimum download/upload speeds for fixed broadband. 'Up to' alone is non-compliant.
Your legal rights
EU consumer rights for telecoms services include: European Electronic Communications Code (Directive 2018/1972) — initial 24-month cap, switching and porting rights, compensation for delays, pre-contractual transparency; Open Internet Regulation (2015/2120) — speed disclosure, net neutrality; Universal Service Directive (now subsumed into the EECC); Consumer Rights Directive 2011/83/EU; Unfair Terms in Consumer Contracts Directive 93/13/EEC; Roaming Regulation (531/2012, as amended) — roam-like-at-home rights for travel within the EU/EEA. Compensation for porting delays, late activation, and service interruption is set by national regulators (e.g. Ofcom for the UK pre-Brexit, ARCEP in France, BNetzA in Germany, AGCOM in Italy).
Questions to ask before you sign
- 1Is the initial commitment period 24 months or less, in line with EECC Article 105(1)?
- 2If I leave early, what is the exit fee — and is it limited to the remaining subsidised device cost?
- 3How is number portability handled — does the new provider manage the switch, and is the timeline one working day?
- 4What are the normally available and minimum committed broadband speeds, not just the maximum advertised speed?
- 5What compensation am I entitled to if porting is delayed or service is lost during switching?
- 6Does the contract auto-renew, and what notification will I receive before renewal?
- 7What is the unilateral change clause, and do I have the right to terminate without penalty if the provider raises prices?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.