HARMONIZING ALBANIAN ELECTRONIC COMMUNICATIONS LAW: A COMPREHENSIVE ANALYSIS OF EUROPEAN ELECTRONIC COMMUNICATIONS CODE IMPACT

Abstract

The Albanian legislation on electronic communications has undergone a series of changes and adaptations over the years, primarily driven by the evolution of platforms and technologies through which these services are provided. According to the 2022 Albania Report by the European Commission, specifically in Chapter 10 titled "Digital Transformation and Media," it is emphasized that the EU supports the seamless functioning of the internal market for electronic communications. Furthermore, EU regulations are in place to safeguard consumer rights and promote the universal availability of modern services. However, the report notes that Albania is moderately prepared in the field of digital transformation, particularly regarding the adoption of legislation that aligns with the new European Electronic Communications Code.

The European Electronic Communications Code (EECC) has envisioned significant changes aimed at consolidating the legislative framework, adapting it to technological advancements, and accommodating the growing array of electronic communication products and services accessible to end consumers. The revisions introduced by the EECC serve not only to enrich and update the existing legislation in this domain but also to align it fully with the transformations resulting from innovation and technology. Moreover, these changes necessitate a new structuring of the legal framework governing services provided to end users, considering the emergence of new Over-The-Top (OTT) services.

The EECC also serves the purpose of further augmenting the secondary regulatory and legal framework. This augmentation is achieved through various directives and regulations, not only in pursuit of a unified electronic market but also to introduce new rules ensuring network security and protecting electronic communications privacy.

The objective of this article is to analyze the Albanian legal framework for electronic communications by examining and interpreting the changes brought about by the EECC. It aims to identify areas in the Albanian legislation that require adjustment to align with the provisions of the new European Electronic Communications Code.