Servicii over-the-top (OTT) vs. Servicii de comunicaţii electronice. Art. 142, art. 152, art. 154 şi art. 170 Cod procedură penală

Over-the-top (Ott) services vs. Electronic communications services. Art. 142, art. 152, art. 154 and art. 170 of the Criminal Procedure Code

George ZLATI

Avocat - Baroul Cluj

Abstract

Taking into consideration the legal controversies present in the jurisprudence and in the legal literature regarding the belonging of the over-the-top services (OTT) in the category of electronic communications services, an analysis is required in relation to the Romanian legislation. The present article tries to identify the problematic issues regarding the qualification of a service provided on the Internet as an electronic communication service and the consequences that such a qualification can have on the applicability of different institutions from the Criminal Code of procedure.

Keywords: overt-the-top services, electronic communication servicies, data retention, computer data...