The growth of automation, telemetry systems and the so-called Internet of Things (IoT) has driven a rapid increase in the number of devices that connect to the mobile network without human involvement. Among them, telecommunications adapters hold a special place – small GSM/GPRS modules fitted in meters, gateways, alarms, POS terminals and other M2M (machine-to-machine) devices. Although for many businesses they are a tool that makes remote communication easier, their unauthorised use can lead to serious legal consequences.
What is an adapter and how does it differ from an ordinary phone?
An adapter (or GSM communication module) is a device that connects automatically to the mobile network using a SIM card. Unlike a mobile phone, an adapter has no user interface – no display, keypad or camera. It works in the background, sending data or SMS messages on its own based on programmed instructions.
Typical applications include:
- remote reading of electricity, water or gas meters,
- alarm and monitoring systems,
- SMS gateways for mass notification sending,
- fleet-management or vending-machine solutions.
The Electronic Communications Law and the obligations of device users
Under the Act of 12 July 2024 – Electronic Communications Law (Journal of Laws 2024, item 1221), which replaced the Telecommunications Law, telecommunications undertakings have particular obligations regarding the availability, security and management of the network, especially in the context of the public interest and national defence (Articles 179–180 of the Act). In this respect they require that certain types of devices – including adapters – be used only after being reported and approved, and in many cases also under special M2M tariffs.
Using an adapter without the operator's consent may lead to:
- the SIM card being blocked,
- termination of the contract or additional charges,
- in extreme cases – even liability for damages for disruption to the network's operation.
Why do operators take such a strict approach to adapters?
From a telecommunications operator's point of view, unauthorised adapters are a serious threat to the stability and security of the network. Such devices can generate mass, automated traffic (e.g. thousands of SMS messages or continuous data transmission), which in turn leads to overloading the local infrastructure. This can result in delays in message delivery, loss of call quality, and even temporary unavailability of services for other users.
In addition, devices of this type often do not meet current security requirements – no firmware updates, low-quality safeguards, susceptibility to takeover. In emergency situations, such as actions by state authorities, the operator may be unable to identify or remotely manage such a device, which conflicts with its obligations under the Act.
How to use adapters legally?
If your company or organisation uses GSM/GPRS devices for remote communication, make sure that:
- You have reported it to the operator and obtained consent to use the SIM card in an M2M device/adapter,
- You use an appropriate tariff intended for this type of transmission,
- The device has type approval or a certificate of conformity, and its operation does not breach the terms of service.
Using GSM adapters without the operator's knowledge and consent is not only a breach of the terms of service, but also a potential risk to network security and, in extreme cases, to the public interest. As a user or business, you are obliged to cooperate with the operator and comply with the provisions of the Electronic Communications Law. Ignorance in this area does not protect you from the consequences.
If in doubt, contact a law firm or a telecommunications-law specialist. Analysing the contract, the equipment and the type of connection used will help avoid unnecessary legal problems.