Insights Ofcom publishes statement on right-to-exit guidance on broadband speeds codes of practice

On 22 September, Ofcom published an update to the Residential and Business Voluntary Codes of Practice on Broadband Speeds.

The voluntary codes on broadband speeds for residential and business customers, give them the right to exit their broadband contract and bundled services, without penalty, if their download speed falls below the minimum guaranteed speed they were offered by their provider.

In May 2022, Ofcom consulted on updated the codes so the right to exit that applies to broadband and other bundled services is in line with Ofcom’s revised General Conditions of Entitlement (revised GCs).

In response to the May 2022 consultation responses, Ofcom has updated the codes, with the updates coming into force on 21 December 2022, as follows:

  • Updating the Residential Code definition of a bundle – so the customer’s right to exit will apply to their broadband and bundled services in the same way as their right to exit will apply to their contract and bundled services as set out in the revised GCs.
  • Updating the Business Code definition of a bundle for small businesses – such that for small businesses (i.e., with 10 or less employees), their right to exit will apply to their broadband and bundled services in the same way as their right to exit will apply to their contract and bundled services as set out in the revised GCs.
  • Retaining, within the Business Code, the existing definition of a bundle for larger businesses – to ensure the existing protections continue.

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