- Office of Electronic Communications

Not UKE recommendations, but EU regulations. We explain the rules on "zero-rating” services

Following public reports about operators disabling services provided under the "zero-rating" model, the Office of Electronic Communications (UKE) explains the reasons behind these changes.

In customer communications, you can find information stating that the withdrawal of such services is carried out "in connection  with the recommendations of the President of UKE." This message does not fully reflect the legal basis for these actions.

The obligation to discontinue providing services under the "zero-rating" model stems directly from European Union law, specifically Regulation (EU) 2015/2120 of the European Parliament and of the Council on the open internet. These provisions require internet service providers to treat all internet traffic equally, without discriminating against or favouring certain applications or services.

Post-inspection recommendations issued by the President of UKE do not create new obligations for businesses. They are a consequence of a finding of violation of applicable regulations and indicate how to bring their operations into compliance with the law. This means that the source of the obligation to discontinue services under the "zero-rating" model is European Union law, not the recommendations of the President of UKE. In connection to emerging messages suggesting a different interpretation, the President of UKE has taken steps to clarify the manner how customers should be informed about the reasons for the changes being introduced. The aim of these actions is to ensure that communications addressed to users clearly indicate that the obligation to discontinue services under the "zero-rating" model stems from European Union law, while the post-inspection recommendations result from a finding of violation of these provisions.