Onder 4.15 Parket bij de Hoge Raad 14 februari 2014

Practices that promote consumer information and reduce consumer lock-in, such as the use of handset purchase via unbundled monthly instalments, can have a positive impact on both consumers and the ecosystem that exists around smartphones. They can also be beneficial to market development by removing high upfront payments that may act as a deterrent for purchasing smartphones. In addition, they do not pose as many concerns for consumer empowerment and protection because they enhance the ability for users to switch operators. This is why regulatory authorities in a number of countries enforce maximum periods for contracts after which customers are entitled to have their handsets “unlocked”, do not permit devices to be locked or ensure there are procedures for early termination of service contracts. Some regulatory authorities also mandate that information be made available to consumers (e.g. the full cost of a bundle that includes service and device over the period of a contract) in an effort to make the full costs more transparent. If discount schemes are not transparent for price benchmarking it is worth asking if they are transparent for consumers.

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