By decision of 14 July 2016, ANACOM has approved a Regulation on pre-contractual and contractual information in the context of electronic communications.
This Regulation sets a consolidated scheme specifying the information to be provided by companies offering public communications networks or publicly available electronic communication services to end-users, both in the dissemination of their offerings and also in the context of their contractual relationships. The Regulation was formulated taking into account the contributions received in response to the regulatory procedures conducted, as well as intervening legislative changes (in particular Regulation (EU) no. 2015/2120 of the European Parliament and of the Council of 25 Novemberhttps://www.anacom.pt/render.jsp?contentId=1373317 and the amendments made to Lei das Comunicações Eletrónicas (Electronic Communications Law) which stem from Law no. 15/2016 of 17 Junehttps://www.anacom.pt/render.jsp?contentId=1389603).
The Regulation includes the creation of a simplified information sheet; Using simple and concise language, this sheet must be used to provide basic information on offers aimed at end-users, on the contractual conditions offered by the service provider in each case and on any amendments which, over the course of the contractual relationship, may be made to the contract. This measure, as well as the inclusion of a common glossary of terminology, will enhance the protection of users, improving their understanding of offers and of the conditions which they commit to when concluding contracts.
The changes introduced determine repeal of the following decisions, subject to provision of an appropriate period to allow for implementation of the obligations under the Regulation which is now approved:
- decision of 1 September 2005, concerning guidelines on minimum content to be included in contracts governing the provision of electronic communication serviceshttps://www.anacom.pt/render.jsp?contentId=419155, as amended by decision of 11 December 2008 (minimum content in subscription contracts - amendment of guidelineshttps://www.anacom.pt/render.jsp?contentId=808758);
- decision of 21 April 2006 on the object and form of public disclosure of the conditions governing the offer and use of electronic communications serviceshttps://www.anacom.pt/render.jsp?contentId=357230, as amended by decision of 10 October 2011 (amendment of the decision on the object and form of disclosure of the conditions governing the provision and use of electronic communications serviceshttps://www.anacom.pt/render.jsp?contentId=1101389).
The Regulation shall enter into force five days following its publication in Diário da República (Official Journal), with companies granted a period of up to 6 months to implement the stipulated obligations.
Consult:
- Regulation on pre-contractual and contractual information in the context of electronic communications and approval of the reports on the consultations conducted on the draft regulation and on common terminology used in pre-contractual and contractual https://www.anacom.pt/render.jsp?contentId=1391712
- Consultation on draft regulation on pre-contractual and contractual information https://www.anacom.pt/render.jsp?contentId=1344339
- Consultation on a draft set of common terminology to be used in pre-contractual and contractual information for electronic communications https://www.anacom.pt/render.jsp?contentId=1348636
