Regulation on the Quality of Information and Communications Technology Services
On September 4, 2018, the Argentine Ministry of Modernization issued Resolution No. 580/2018 by which the Regulation on the Quality of Information and Communications Technology Services was approved.
Resolution No. 580/2018 explains that, given that the Information and Communications Technology Services Networks (ICT) provide connectivity to a growing number of users that require, in significant volumes, greater availability of the service under more demanding conditions, ICT networks must accompany this demand without downgrading the quality of the service offered.
Therefore, this Regulation aims to establish the levels of quality required for the provision of ICT services – provided through wired or wireless networks – that guarantee a quality service and provide an experience of excellence to the user. These requirements will not be applicable in the cases of legal entities that contract corporate plans with service quality level agreements (contracts with technical, economic and legal conditions agreed by common agreement between the parties and expressly agreeing that the Regulation is not of application).
The Regulation lists certain Quality Indicators, defined as the numerical value that relates aspects of the service offered linked to customer service or network operation. These indicators are divided into (i) Indicators related to Customer Service; and (ii) Indicators related to the Operability of the Network.
In addition, Section 5 establishes the obligation for providers to implement a system for measuring the Quality Indicators of Services provided according to certain guidelines: Firstly, that they be permanently updated and automated; secondly, that the system be developed to allow the Argentine Communications Agency (the "ENACOM" after its acronym in Spanish) to evaluate the procedures for data collection and the calculation of the values of each of the quality indicators. The data collected must be kept for a minimum period of 3 years.
ICT service providers must publish certain Operational Network indicators on their websites.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.