Electronic communications networks and services.

ROYAL DECREE REGULATING THE SYSTEM FOR THE TRANSMISSION OF PUBLIC WARNINGS THROUGH MOBILE ELECTRONIC COMMUNICATIONS SERVICES IN CASE OF MAJOR DISASTERS OR IMMINENT OR DEVELOPING EMERGENCIES.

This Royal Decree implements Article 75 of Law 11/2022 of 28 June 2022 on General Telecommunications, which has transposed into Spanish law Article 110 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (hereinafter the ‘EECC’) and which regulates the system for the transmission of public warnings.

This system, known as the PWS (Public Warning System), incorporates the European Emergency Alert System (EU-ALERT) to transmit a public warning to all mobile devices located in a given area. This system allows for the massive and instant sending of public warnings to a large number of users, provides greater assurance that users read the public warning when it appears in the foreground on the screens of mobile terminals, uses up very few network resources, which is considered essential in a scenario of predictable congestion after a disaster or imminent emergency, and ensures compliance with data protection regulations.

Thus, in accordance with that legal provision, where public warning systems exist, providers of mobile number-based interpersonal communications services shall transmit the public warnings to all concerned end-users.
The Royal Decree lays down that end-users shall be able to receive public warnings easily. The transmission of public warnings to the public shall be free of charge for the end-users and for the entity responsible for issuing the public warnings.
The system for transmission of public warnings to the population through mobile number-based interpersonal communications services complements traditional public warning systems based on sirens, radio, or television.

However, in addition, the Royal Decree provides for the possibility of establishing alternative systems using other means of electronic communications or through a mobile application relying on an internet access service, provided that they are just as effective as that service. Additionally, these alternative systems for the transmission of public warnings to the population may be used for groups, areas or more specific emergencies, such as asking the population to collaborate in the search for missing children or young people or to provide information on actions with regard to pandemics.