Zero tariff’ options are contrary to the regulation on open internet access

21 september 2021

According to the Court of Justice of the European Union (Judgments in Cases C-854/19, C-5/20 and C-34/20 Press and Information Vodafone and Telekom Deutschland), Zero tariff options are contrary to the regulation on open internet access.

It follows that limitations on bandwidth, tethering or on use when roaming, on account of the activation of such an option, are also incompatible with EU law

A ‘zero tariff’ option is a commercial practice whereby an internet access provider applies a ‘zero tariff’, or a tariff that is more advantageous, to all or part of the data traffic associated with an application or category of specific applications, offered by partners of that access provider. Those data are therefore not counted towards the data volume purchased as part of the basic package. Such an option, offered in the context of limited packages, thus allows internet access providers to increase the attractiveness of their offer.

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