By decision of 30 December 2014, ANACOM has approved a draft regulation on pre-contractual and contractual information.
At the same time, ANACOM approved the report of the public consultation on options in the review of the determination on the guidelines on minimum content to be included in contracts governing the provision of electronic communication services, launched by decision of 27 March 2014.
Through this consultation, ANACOM has compiled the opinions of a range of market agents, including companies that offer electronic communications networks and services and their users, associations representing their interests and public authorities with responsibilities in these areas, as regards the following options for intervention, considering the need to review the determination concerning the guidelines on minimum content to be included in contracts governing the provision of electronic communication services (determination on contracts):
1. Minimum option: review of the determination on contracts (determination of 1 September 2005, as amended by determination of 11 December 2008).
2. Intermediate option: a review of the determination on contracts and the creation of a simplified information sheet.
3. Maximum Option: Simultaneous review of the determination on contracts and the determination on the offer conditions (determination of 21 April 2006, as amended by determination of 20 October 2011) and the creation of a simplified information sheet.
Seeking, on the one hand, to achieve a balance between the different positions set out by respondents to the consultation, while on the other, to adopt the measure which will best protect end-users and promote competition in the market, ICP-ANACOM saw fit to opt for an amended version of the 3rd option.
In this respect, the draft regulation was prepared and approved, setting out a consolidated system of pre-contractual and contractual information, as now submitted to public consultation.
According to the solution adopted in the draft regulation, disclosure of the current offer conditions is replaced by a simplified information sheet, which, using simple and concise language, will provide information on offers directed at end-users. It is also the intention that this sheet will set out all the specific conditions proposed to the customer prior to the conclusion of contracts and that, during the term of the contract, this sheet will be used to transmit information on the contractual conditions, whenever requested by the subscriber or whenever a contractual amendment results in a change to the services contracted in terms of tariff, minimum levels of guaranteed quality and contract duration.
A period of 30 working days has been provided for interested parties to respond. Comments should be submitted no later than 19 February 2015 and be sent by email to regulamento-contratos@anacom.ptmailto:regulamento-contratos@anacom.pt1.
Once the consultation process has been concluded, the contributions received will be made public. Therefore, for the purposes of publication on this website, respondents should also submit a non-confidential version of their comments excluding any items considered confidential.
1 Each email may contain one or more files as long as the total size of all files does not exceed 10 megabytes and, if necessary, comments may be divided into two or more emails.
