the disconnection. During the first month following disconnection, however, it must be possible to call the
subscriber con-cerned. The subscriber shall also be able to contact the emergency number 112 for an
equal length of time. In cases where a subscriber has fraudulently attempted to avoid payment or to
transfer responsibility to an unrelated party, an electronic communications undertaking may disconnect
the service in question without warning.
Article 40
Limits on liability
Electronic communications undertakings may, in their terms of service, exempt themselves from liability
for any damages resulting from connection failure, disruption of electronic communications or other
disturbances which may occur in the operations of the electronic communications network, whether this
can be attributed to a breakdown of the line, a failure in the connecting station or other causes. Limits on
liability are, however, limited to damages not resulting from major errors on the part of the undertaking's
staff.
Article 41
Quality of service
PTA may issue rules concerning the quality of electronic communications services and presentation of
information published to enable users to have access to comprehensive, comparable and easily
understandable information.
CHAPTER IX
Protection of personal data and privacy
Article 42
Traffic data
Traffic data relating to users processed and stored by electronic communications undertakings must be
destroyed or made anonymous once it is no longer needed for the purpose of transmission of a
communication.
Traffic data necessary for the purposes of subscriber billing and intercon-nection payments may be
stored until the end of the period during which the bill may be challenged or until it becomes obsolete.
If a subscriber has given his/her consent, an electronic communications
undertaking may process the data referred to in the first paragraph, for the purpose of marketing
electronic communications or the provision of value-added services to the extent necessary for such
services or marketing. This consent may be withdrawn at any time.
A service provider must inform the subscriber in advance of the types of traffic data which are processed
and of the duration of such processing.
Processing of traffic data as provided for in this Article must be restricted to persons acting under the
authority of electronic communications undertakings who handle billing or traffic management, customer
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