- Provide to the relevant authorities all the means
necessary for the performance of his duties, in that context,
the provider of internet services shall respect the
instructions of the legal, military and national security
authorities,
- Respect the international conventions and treaties
ratified by Tunisia,
Art. 12 - Subject to these following provisions, the
tariffs of the services provided by the internet services’
provider are freely set.
The tariffs of the services provided for in paragraph 1 of
the article herein are fixed while abiding by the principle of
fair treatment of users. The providers of internet services
are bound to provide their services on the best economic
terms. They shall also inform the people about their general
conditions of offers and services and shall publish the tariffs
of provisions of each category of service.
The providers of internet services shall, before
marketing, provide a statement including tariffs in
accordance with the following conditions:
- One copy of the statement shall be transferred to the
national authority for telecommunications at least fifteen
(15) days before the marketing of any other planned offer,
- In case these offers are proved to be incompatible with
the instructions of fair competition and the principle of
fixing the tariffs as provided for in the article herein, the
national authority for telecommunications may ask the
internet service provider to change the tariffs of their
services or their selling conditions,
- One copy of the describing statement which is freely
consultable is electronically available for all and in all the
services’ areas concerned.
Section 3 – The duties of the service provider
towards customers
Art. 13 - The provider of internet services is committed
vis-à-vis the customers to:
- Afford the access to internet services for all by
resorting to most efficient technical solutions,
- Afford clear information for internet subscribers
concerning the subject and methods to have access to the
service and the assist them if asked,
- Provide a service to respond to the questions and
queries of the subscribers and their follow-up through a
permanent focal point.
Art. 14 - The provider of services shall take the
necessary measures to ensure the quality of the services
provided for subscribers and shall respect their rights
included in the service contract concluded with them,
accordingly he is bound to:
- Take necessary measures to ensure neutrality of his
services, the confidentiality and integrality of the
information transmitted within the framework of the
services provided in accordance with the legislation and the
regulation in force,
- Take necessary measures to provide the protection, the
security and the confidentiality of personal data which are
kept, processed or saved in the ID (Identification Unit) of
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the subscribers in accordance with the legislation and
regulation in force,
- The non-disclosure to a third party, transmitted or held
data, related to the subscribers and notably the nominative
ones, and this without consent of the concerned subscriber
subject to the requirement imposed by the national defense
and public security as well as the prerogatives of the legal
authorities and by the legislation in force,
- Guarantee the right for every subscriber not to be
mentioned in any nominative data base of the provider,
except the related to billing,
- Guarantee the right to every subscriber to oppose the
use of invoicing data related to him, used for purposes of
commercial prospecting,
- Guarantee the right to every subscriber to rectify his
personal data or to complete or to clarify, to update or to
remove them,
- Respect the duties dealing with the conditions of
confidentiality and neutrality within the scope of his
contractual relations with the marketing companies of
services,
- Providing an accompanying and informing service on
the available kind of services to be offered for the
subscribers by ensuring the protection of their personal data
through internet network,
- Resort to the solutions and systems allowing to ensure
a secure web browsing for children on the internet,
- Determine the secure web browsing service for
children on the internet and to provide it in the services’
contracts as a service to choose which depends on the will
of the client,
- Offer the possibility for subscribers to modify their
choice regarding the service of secure web browsing for
children on the internet and this shall be carried out through
fast and easy mechanism.
Art. 15 - The provider of internet services is committed,
according to the nature of the contracts to be concluded
with the subscribers, to ensure the continuity of services
and to guarantee a permanent operating of the internet tool
and used software program and to take the necessary
measures in order to keep the level of the internet service
indicators provided for by the standards in force nationally
and internationally.
The National Authority for Telecommunications shall
fix the norms and criteria of the quality of internet services
in force, as on the national level, and it ensures the control
and evaluation of their respect by the internet service
providers.
Chapter 5
Settlement of disputes
Art.
16
The
National
Authority
for
Telecommunications shall, in accordance with the
provisions of article 67 of the telecommunications code,
resolve disputes likely to be raised among internet services
providers as well as the disputes that can be arise with the
contacted operators of the public telecommunications
networks with whom they have concluded agreements.
Official Gazette of the Republic of Tunisia — 23 January 2015
N° 7