The EU e-commerce legislation provides a common EU wide basis for the provision of information society services throughout the European Union. They are broadly services provided wholly over the Internet.
There are strong principles which provide for the exclusive regulation of such providers in their home EU state. This is to facilitate the provision of their services without further requirements in the state to which the service is directed. There are common EU wide standards providing for a range of matters, including minimum information and other consumer rights.
After Brexit information society providers established in the UK providing information society services into the EU, may not rely on UK home state regulation and the rules which preclude authorisation and regulation in the EU state in which the service is provided.
Equally information society providers into the UK may be similarly restricted or subject to regulation in the UK in the absence of equivalent treatment to UK providers within the EU.
The EU provides for common standards for providers of electronic communication networks and services. In the usual way, they may provide services to the EU on the basis of authorisation in a home member state where they provide networks and services. They need not have an establishment in each of the other states in which they provide services. The general authorisation generally requires a straightforward notification only.
The provisions on access to communication infrastructure will no longer be open to the UK after Brexit. Providers established in the UK will not have the right to require providers authorised in other states which are not major suppliers to negotiate access to the telecommunications network. There will not have access to the corresponding dispute resolution procedure.
An EU regulation provides for common rules for equal and non-discriminatory treatment of traffic in the provision of Internet access services and end-user rights. The rules will no longer apply to the UK after Brexit.
The EU regulatory framework for wholesale voice rates may no longer be applicable to EU service providers in respect of calls between the EU and UK. The EU will become a third country in respect of the EU regulation on roaming services.
Providers of roaming services to customers operating in the EU will no longer benefit when requesting wholesale roaming access from the obligation of mobile network operators operating in the UK to meet all reasonable requests to provide wholesale roaming access.
They will no longer benefit from EU rules on maximum wholesale roaming charges that visited network operators may charge. They will no longer benefit from the retail obligation of roaming providers not to levy surcharges. They will no longer benefit when requesting wholesale roaming access from the obligation of mobile network operators to meet all reasonable requests for providing wholesale roaming access
Electronic Signature Certification
There are common EU standards on the recognition of electronic signatures and signature providers. In principle, organisations may be recognised as providers of trust services electronic identification schemes on an EU wide basis on the basis of home country recognition.
UK home state providers will no longer be recognised for the purpose of the provision of the services in the European Union. Equally, the UK may not afford recognition to EU providers for the purposes of United Kingdom recognition
As and from withdrawal undertakings / businesses that are established in the United Kingdom but not also established in the EU and natural persons in the UK will no longer be eligible to register the .eu domain name or to renew it after the withdrawal date. The UK accredited .eu registrars will not be entitled the process any further application.
In some cases, the general eligibility criteria will cease to be met, and the registry for .eu may be entitled to revoke the domain name on its own initiative without submission to dispute resolution procedures.
The common .eu regulatory framework for electronic communications will no longer apply after Brexit. The UK proposes to frame its registry objectives for the UK. It does not expect significant changes in practice. It is proposed that the EU-based rules will continue to apply following their restatement as UK law. Ofcom poses to tailor its registry approach to the needs of the UK market.