TRAI notifies Draft of Telecom Commercial Communication Customer Preference Regulation, 2018.

May 30, 2018 | by Avantis RegTech Legal Research Team

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General Compliance

Telecom Regulatory Authority of India (TRAI) vide press release dated May 29, 2018 has notified draft of Telecom Commercial Communication Customer Preference Regulation, 2018. It has been made available on TRAI website.      

The purpose of the Regulation is:

·         To eliminate unscrupulous elements who have been obtaining customers' consent, often surreptitiously, or resorted to use of unregistered telemarketers that call or message from a ten-digit number.  

·         To overcome these problems, TRAI initiated public consultation by releasing a consultation paper on the subject on 14/09/2017. After considering the written submissions and the inputs received during the Open House Discussion held on 15/12/2017, TRAI has now formulated this which leverage technology and offer a more agile process to deal with the dynamic nature of this problem.   

Some of the salient features of the Regulations are:

a.       Adoption of Distributed Ledger Technology (or blockchain) as the RegTech to enforce regulatory compliance while allowing innovation in the market.

Blockchain has proven useful where the objective is to cryptographically secure    information and make it available only on need to know basis. Yet none may deny their actions or tamper with records, once recorded on the distributed ledger, which uniformly enforces compliance

b.      Co-regulation where Telecom Service Providers/ Access Providers establish and arrange framework, which is legally backed by regulation.

c.       Enabling compliance through innovation in technology solution that are demonstrated in a regulatory sandbox.

d.      Provision of better control over all entities in the ecosystem and in the flow of commercial communications.

e.      Detection of unregistered telemarketers through collaboration and in a more intelligent manner

The draft regulation shall be open for comments up to June 11, 2018.






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