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Active access meaning

What does Active access mean?
Active access describes wholesale access to an electronic communications network delivered via the network operator’s active electronic equipment (for example, switches, routers, DSLAMs or OLTs), rather than to passive infrastructure such as ducts, poles or dark fibre. It enables service providers to offer broadband or Ethernet services using virtual or managed layers of the incumbent’s network. The term is a widely used regulatory description rather than a defined statutory term. In the UK (including England & Wales, Scotland and Northern Ireland), Ofcom may impose active access obligations on a provider with significant market power under the Communications Act 2003 and market review decisions (for example in wholesale local access and leased lines). In Ireland, ComReg may impose similar remedies under the European Electronic Communications Code as transposed into Irish law. Usage is broadly consistent across these jurisdictions. Active access products commonly include bitstream services and virtual unbundled local access (VULA). Key legal features typically addressed in reference offers and wholesale agreements include technical specifications, interconnection points, service levels, non‑discrimination (often equivalence of inputs), price control or cost orientation, quality of service, security and interoperability. It is distinct from passive access and is central to service-based competition where full infrastructure replication is not...
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NEWS
EU law weekly round-up: regulatory updates, consultations and enforcement, plus CJEU ruling in competition, data protection, financial services, energy, environment, IP, life sciences, TMT and trade (16 April 2026)

In this issue: Commercial Competition and state aid Data protection and cybersecurity Financial services Energy Environment IP Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers and horizon scanners Commercial European Parliament IMCO invites Temu to discuss unsafe and illegal product sales The European Parliament’s Internal Market and Consumer Protection Committee (IMCO) has asked a Temu delegate to join a discussion on 16 April 2026, reflecting intensified scrutiny of leading online marketplaces over the presence of unsafe or illegal goods in the EU. This follows earlier appearances by Shein and AliExpress before IMCO. The committee is also reviewing how the European Commission applies and enforces rules on product safety, consumer protection and digital platforms across the single market. Members have urged more robust action to prevent illegal and unsafe products reaching the EU, including those offered via large online platforms, alongside better co-operation among...

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NEWS
EU Horizontal Cooperation Guidelines on telecoms network sharing: inclusion of geographic segmentation, key assessment factors and independence requirements, no safe harbours, and heightened scrutiny of active sharing and spectrum pooling

On 1 June 2023, the European Commission released a refreshed HCG to give clearer guidance to rivals seeking to collaborate, including areas not covered by the 2012 HCG. A new strand targets the telecommunications sector and examines network sharing agreements (NSAs). This analysis outlines the core points of the update and its implications for the telecommunications industry. Types of cooperation covered by the new guidance Cooperation between competitors is central to the telecommunications industry, as operators rely on one another to secure seamless connectivity between networks and often work together to extend coverage and raise service quality. NSAs are among the most common collaboration models in mobile telecommunications. They typically entail the joint deployment and sharing of mobile network infrastructure and, at times, frequency bands between mobile network operators (MNOs). NSAs range from simpler cooperation, such as sharing passive network infrastructure (masts, cabinets, antennas, or power supplies), to more advanced arrangements that involve sharing Radio Access Network (RAN) equipment at sites (active sharing) and spectrum pooling across the...

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NEWS
UK commercial law weekly: ASA tanning ads rulings, CMA 2026–27 draft plan, EWHC debt assignment decision, Data Use and Access Act commencement, plus updated practice notes, precedents and checklists

In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—21 January 2026 As part of a broader, continuing initiative assessing misleading and irresponsible claims in tanning product advertising, the Advertising Standards Authority (ASA) upheld several complaints about paid‑for social media and search promotions run by The Sun Company (Horsham) Ltd t/a The Sun Company, Tanbox Towcester Ltd, SFJ Group Ltd t/a SunShine Co, JD Tanning UK Ltd t/a Tan & Deliver Home Hire Sunbeds, and Byrokko. All five adverts were flagged by the ASA’s AI‑driven Active Ad Monitoring system, which proactively scans online advertising in higher‑risk sectors to spot potentially non‑compliant statements before they reach consumers, rather than relying solely on public complaints. See: LNB News 21/01/2026 44...

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View the related Practice Notes about Active access

PRACTICE NOTES
Legacy Principal Civil Service Pension Scheme (PCSPS): sections, alpha transition and McCloud remedy; eligibility, employer participation, governance, contributions, benefits, GMP indexation and equalisation, statutory framework and funding

What is the PCSPS? Until 30 September 2002, the Principal Civil Service Pension Scheme (PCSPS) was the only pension option for the civil service. From 1 October 2002, four distinct sections were introduced within the PCSPS: Classic (the 1972 Section), Classic Plus (a blend of Classic and Premium), Premium (the 2002 Section) and Nuvos (the 2007 Section). The first three operate on a final salary basis, whereas Nuvos is a career-average section. For further details on how these sections were established, see below. Subsequently, on 1 April 2015, a new arrangement, the Civil Service Pension scheme (CSP) alpha, was created to provide benefits on a career average basis. When alpha was brought in, the government acted to close the PCSPS to future accrual, subject to: the retention of a final salary link in the PCSPS for active members, meaning benefits earned in the PCSPS are calculated using final salary at the point of leaving the civil service rather than when active PCSPS membership ended... ...

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PRACTICE NOTES
Interim injunctions for misuse of private information: applications, urgent/without-notice procedure, anonymity and super-injunctions, evidence, non-party binding and case management (England and Wales)

Read this Practice Note alongside Practice Notes: Privacy law—misuse of private information and Privacy law—remedies. Brexit This Practice Note makes multiple references to the European Convention on Human Rights (ECHR), which is given effect in UK law by the Human Rights Act 1998 (HRA 1998). Brexit has not, by itself, altered HRA 1998 or the ECHR’s incorporation through that Act. The ECHR is an international treaty that protects human rights across the member states of the Council of Europe, a body wholly distinct from the EU. The UK remains within the Council of Europe. The EU-UK Trade and Cooperation Agreement confirms that the arrangement leaves the UK’s ECHR obligations unchanged and allows the agreement to be brought to an end if either party denounces the ECHR. For further information, see: Q&A: What does Brexit mean for the Human Rights Act 1998? LNB News 07/01/2021 77: Comment—EU-UK Trade and Cooperation Agreement provisions on human rights See also Practice Note: What does...

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PRACTICE NOTES
Brexit and UK chemicals law: UK REACH, GB CLP, PIC, biocides, pesticides, POPs, ODS, F-gases, TCA and the Northern Ireland Windsor Framework—legal overview

ARCHIVED: This Practice Note has been archived and is not maintained. Background This Practice Note outlines how Brexit has affected the regulation of chemicals. More detailed guidance is available in the additional Practice Notes referenced for each specific chemicals regime. Withdrawal from the EU At 11 pm (GMT) on 31 December 2020, the transition/implementation period following the UK’s exit from the EU concluded. From that moment—described in UK legislation as ‘IP completion day’—principal transitional arrangements fell away and notable changes began to apply across the UK’s legal system. EU Energy and Environment Sub-Committee inquiry into the future of chemicals In the wake of the EU referendum, the Environmental Audit Committee commenced an inquiry into the future of environmental law and policy, with an emphasis on Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (EU REACH). The EU Energy and Environment Sub-Committee published its report, Brexit: chemicals regulation, on 7 November 2018, calling...

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