Is my cell phone operator allowed to limit my EU data roaming?

12/1/2017 9:32:23 PM

Yes, this seems allowed. The frequently asked questions regarding “Roam like at home” listed on the EU site, include the following answer:

If at home you have unlimited mobile data or very cheap mobile data, your operator may apply a safeguard (fair use) limit on data use while roaming. If this is the case, the operator will have to inform you in advance about such a limit and have to alert you in case you reach it. That safeguard limit will be high enough to cover most, if not all, of your roaming needs. Beyond this threshold, you can continue data roaming, subject to a small charge (maximum €7.70/GB + VAT; this will decline gradually to reach €2.50/GB as of 2022).

Formally, if you have a so-called “open data bundle”, then the maximum amount of data you can use while abroad is regulated by clause 2 of article 4 of the regulation (EU) 2016/2286:

Without prejudice to any applicable domestic volume limit, in the case of an open data bundle, the roaming customer shall be able to consume when periodically travelling in the Union a volume of data roaming retail services at the domestic retail price equivalent to at least twice the volume obtained by dividing the overall domestic retail price of that open data bundle, excluding VAT, corresponding to the entire billing period by the regulated maximum wholesale roaming charge referred to in Article 12 of Regulation (EU) No 531/2012.

“Open data bundle” refers to a plan in which data is either unlimited or offered at a very low price. This is likely the case for your 50GB plan.

The current maximum wholesale roaming charge is €7,70 per gigabyte. Therefore, if your data plan costs no more than €38,50/month (excluding V.A.T.), a 10GB/month data limit would be allowed. The wholesale roaming charge will be gradually reduced until it reaches €2,50/GB in 2022 (at which point your plan may cost a maximum of €12,50).

Credit:stackoverflow.com

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