Mobile number transfer to become easier and free of charge

Jan 14, 2022 Benn-Ibler Rechtsanwälte

Anyone who wants to change their mobile phone tariff can rejoice: The transfer of phone numbers will not only be possible for a longer amount of time, but will also be free of charge. In other respects, too, consumers will find it easier to change their mobile phone tariff.

The new Telecommunications Act 2021 (Telekommunikationsgesetz, TKG 2021) strengthens the position of consumers in their dealings with mobile providers. They are now entitled to clear and easy-to-read contract summaries that enable them to compare contracts from different providers more easily.

For mobile phone contracts, the minimum contract term must not exceed two years. In addition, every consumer must have the option of concluding a contract with a minimum term of no more than one year for each communications service offered (Section 135 para 1 TKG 2021).

If a fixed-term mobile phone contract or a contract with a minimum contract term is about to be automatically renewed, the mobile phone provider must inform the consumer of his or her termination options in good time. At this time, and at least once a year, the provider must also inform the consumer which of its rates is the best possible for the consumer, as measured by user behavior in the previous year (Sec. 135 para 6 and 7 TKG 2021).

An amendment to the Number Transfer Ordinance (Nummernübertragungsverordnung, NÜV) will make it easier to transfer numbers. In the future, number transfer will only have to be requested within one month of the end of the contract (instead of 14 days as previously) (Sec. 5 para 2 no. 9 NÜV). While the mobile phone provider was previously allowed to charge up to EUR 1 for the number transfer information (required for the number transfer request), this will be free of charge in the future (Sec. 13 para 1 NÜV).

The TKG 2021 has been in effect since November 1, 2021.

TKG 2021, BGBl I Nr 190/2021 (28.10.2021)

NÜV idF BGBl II Nr 482/2021 (23.11.2021)