EU High Court Nixes 'Zero Tariff' Data Packages

"Zero tariff" mobile data packages violate open internet access rules, the European Court of Justice ruled Thursday. EU law also outlaws limitations on bandwidth, tethering or on use when roaming when using such a package, ECJ said. It defined zero tariff options as commercial practices in which access providers apply either no charge or an advantageous one to data traffic associated with an application or category of specific apps offered by their partners. The data isn't counted toward the data volume purchased, making offers more attractive to users. The case arose from a Vodafone offering that German telecom regulator Bundesnetzagentur found breached the EU roaming regulation and barred the operator from using. Vodafone appealed. The high court found that a zero tariff option such as the one at issue "draws a distinction within internet traffic, on the basis of commercial considerations, by not counting towards the basic package traffic to partner applications," in breach of the roaming regulation.