Decree-Law number 56/2010, of 1 June, comes into force.
This statutory instrument establishes limits on amounts charged for the service of unlocking equipment that allow 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.
Users who wish to unlock equipment purchased under contracts with loyalty periods or to terminate contracts in the course of this period should be aware that:
a) after the loyalty period expires, service providers are not allowed to charge any amounts for the service of unlocking equipment;
b) if users request the early termination of contract, unlocking fees may be charged, in which case the following limits apply:
- 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 this date must not exceed 24 months.
In case a loyalty period has not been foreseen, users who request the equipment unlocking service must not be charged an amount exceeding the cost of the equipment at its date of acquisition (without any discounts, deductions or subsidies), minus any amounts already paid.
The equipment unlocking service must be performed by the service provider who locked it, within 5 days at the most from the date on which the service was requested by the user.
Service providers must also provide information on 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
