The New Electronic Communications Act (Law 16/2022, of 16 August 2022) transposes the European Electronic Communications Code (Directive (EU) no. 2018/1972, of the European Parliament and of the Council, of 11 December) into national law, replacing Law 5/2004, of 10 February 2004, as the central pillar for the regulation of the electronic communications sector. 

The New Electronic Communications Act follows the Electronic Communications Code closely but amends the legal framework substantially. From the regulation of OTT, reinforcement of the security and integrity rules and the rights of end users, the review of regulatory obligations with a greater emphasis on symmetric regulation, to the rules that manage radio spectrum and numbering resources, the New Electronic Communications Act left nothing untouched.

It should be noted that various acts were significantly changed at the same time as the European Electronic Communications Code was being transposed, including a review of the framework for liability for administrative offenses, which may now extend to officers and directors. 

Although some of the rules on network security and integrity are already applicable, most provisions of the New Electronic Communications Act only come into force on 14 November 2022. 


VdA prepared an analysis of the main rules of the New Electronic Communications Act, including its context, purpose, scope, and application in time, seeking to present the key novelties on a number of specific issues, such as the general authorization framework, the radio spectrum framework, the rights of end users and the regulatory obligations framework.
You can also click here to read the user friendly  version of the European Electronic Communications Code prepared by VdA.