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Confidentiality of information between telecommunications operators
A telecommunications operator may use information on another telecommunications
operator obtained in connection with the relinquishing of access rights under Chapter 7 and 8
or interconnection under Chapter 9 and section 79 of this Act only for the purpose for which it
was given. Information may only be handled by those persons in the service of the
telecommunications operator who necessarily need the information in the course of their
work. Information shall also otherwise be handled in such a way that the business secrets of
another telecommunications operator are not endangered.
A telecommunications operator that causes damage to another telecommunications operator
by acting contrary to subsection 1 has an obligation to compensate any damage caused by the
action.
Section 81
Liability for damages
A telecommunications operator that deliberately or through negligence violates the
obligations imposed under sections 53–55 is liable to compensate damage it has caused to
another telecommunications operator.
Compensation for damage consists of compensation for costs, the price difference and other
direct financial losses caused by the telecommunications operator’s activities referred to in
subsection 1.
The compensation can be adjusted if full liability for damages is considered an unreasonable
burden with regard to the nature of the offence, the extent of damage, the circumstances of the
parties and other factors.
The right to compensation expires if the action for damages is not brought within three years
of the date on which the telecommunications operator received or should have received the
information on the damages.
In handling the action for damages referred to in subsection 1, the court may request an
opinion on the matter from Ficora.
Chapter 11
Procedure
Section 82
Consultation on market definition, market analysis and significant market power
Ficora shall reserve an opportunity for the Commission and the Body of European
Regulators for Electronic Communications to present their statements within a period of one
month before any of the following measures affecting trade between EEA States are taken:
1) a market definition deviating from the Commission recommendation;
2) a market analysis;
3) a decision concerning significant market power;
4) a decision referred to in section 76.
Ficora shall postpone the decision referred to in subsection 1 for two months, if the
Commission has notified that it considers the proposed decision to contradict European Union