The Extent of the Telecommunications Company's Commitment to Informing the Beneficiary and the Penalty for Breach in Jordanian law: A Comparative Study with Egyptian and French law

Abstract

The study addresses the extent to which the telecommunications company, the service provider, is committed to informing the beneficiary of their mobile phone subscription, given that the beneficiary is the weaker party to the contract. It also outlines the penalty for breaching this obligation. The study explores this by explaining the concept of the obligation to inform in the mobile phone subscription contract, and the difference between the obligation to inform before contracting and the obligation to inform after contracting, given that the contract involves technical matters that are difficult for many beneficiaries to grasp. The study also establishes the legal basis for the obligation to inform and examines the civil and criminal penalties for breaching this obligation under the contract.

The study concludes that the Jordanian legislator explicitly affirms the service provider's obligation to inform the beneficiary, similar to what the Egyptian and French legislators stipulate. This is to ensure their right to understand the nature of the services and their obligations, promote transparency, and protect the rights of subscribers in the telecommunications sector. The researcher recommends the establishment of a flexible legislative and legal system with a high capacity to accommodate the ongoing changes and developments in the field of mobile phone services.

This system should be able to regulate all provisions and implications of contracts from the moment they are concluded until their implementation, with a particular focus on telecommunications companies' commitment to providing information. Clear and effective civil and criminal penalties should be established if companies fail to comply with this commitment. This aims to protect the rights of beneficiaries, promote the principle of transparency, and ensure the implementation of penalties, thus enhancing trust and ensuring fairness in the telecommunications market.