Decree-Law number no. 56/2010, of 1 June, establishes limits on amounts charged for the service of unlocking equipment that allows access to electronic communication services - thus enabling the equipment to be used with services of other providers -, as well as for termination of contracts in the course of the loyalty period.
This new legal system, which takes effect on 30 August 2010, distinguishes between cases where contracts include loyalty periods and cases where no loyalty periods have been foreseen.
Where a loyalty period has been established, after the expiry of this period, providers cease to be able to charge any amounts for the service of unlocking equipment. During the loyalty period, in case users wish an early termination of contract, unlocking fees may be charged, which are now subject to the following limits:
- 100% of the cost of the equipment at its date of acquisition, if the request is made in the first six months of the loyalty period;
- 80% of the cost of the equipment at its date of acquisition, if the request is made after the first six months of the loyalty period; and
- 50% of the cost of the equipment at its date of acquisition, if the request is made in the final year of the loyalty period.
The amount charged for the unlocking service is obtained by subtracting from the cost of the equipment at its date of acquisition (without any discounts, deductions or subsidies) the amount already paid by the user or any other credit against the provider (such as benefits granted when the equipment is acquired under providers’ points system).
These limits are also valid for amounts charged by providers by way of compensation for early termination of contracts.
Loyalty periods for contracts concluded after the date of entry into force of these rules must not exceed 24 months.
In case a loyalty period has not been foreseen, providers may not charge for the equipment unlocking service an amount exceeding the cost of the equipment at its date of acquisition (without any discounts, deductions or subsidies), minus the amount already paid by the user.
The obligation to unlock the equipment falls on the service provider who locked it, and must be fulfilled within 5 days at the most from the date on which the service was requested by the user.
Service providers must also fulfil information duties towards users, namely as regards characteristics of the equipment (namely whether it is locked, price and unlocking conditions) the price for a locked and unlocked equipment, expiry of the loyalty period, if any, and of the equipment locking, and amount due by the user for early termination of contract.
Consult:
- Decree-Law no. 56/2010, of 1 June https://www.anacom.pt/render.jsp?contentId=1029490
