Participant data
In German telecommunications law, subscriber data is the customer data that is published in the telephone book and other subscriber directories. Rules for competition use of subscriber data can be found in § 47 Telecommunications Act . In Austrian law, the handling of this data is regulated in Section 18 TKG. General provisions can be found in EC Directive 98/10 / EC.
scope
According to German law, the subscriber data includes the phone number and the data to be published such as name, address and additional information such as profession, industry, type of connection and co-users. Preparations such as links , assignments and classifications are also included, which are necessary in order to be able to publish the data in the subscriber directories.
Provision
Telecommunications providers are obliged to make the subscriber data available to other companies for the purpose of providing information services and subscriber directories. For example, Deutsche Telekom has to make its database available to other providers such as 11880 Solutions so that they can operate their own directory assistance.
In Germany, the company must provide the data immediately and in a non-discriminatory manner. The data must be complete and, moreover, prepared in terms of content and technology. In Austria, it is mandatory that the data be made available online or at least weekly in an electronically readable form.
Fees
The provider can charge a fee for making the data available. According to Austrian law, this fee must be cost-oriented. In Germany, the amount of the fee is subject to subsequent regulation by the Federal Network Agency ; if the company has considerable market power, the fee is subject to approval.
After the European Court of Justice had dealt with the issue due to a legal dispute over the Dutch provider KPN (judgment of November 25, 2004, Az. C-109/03), the German Federal Network Agency drastically reduced the amount of the fee in August 2005: So could Deutsche Telekom is now claiming less than one million euros in costs from its data consumers instead of 49 million euros annually.
