Draft amendment to the Regulation on pre-contractual and contractual information in the context of electronic communications - public consultation

On 5 June 2017, ANACOM approved a draft Regulation amending Regulation 829/2016 of 23 Augusthttps://www.anacom.pt/render.jsp?contentId=1393513, on pre-contractual and contractual information in the context of electronic communications.

This draft amendment follows a request made by APRITEL - Associação dos Operadores de Comunicações Eletrónicas (Association of Electronic Communications Operators) in the name of and on behalf of its members. This request was made on the basis of facts which, in APRITEL’s view, would justify a different approach to the legal regime and model FIS - Ficha de Informação Simplificada (Simplified Information Sheet), approved by Regulation no. 829/2016.

In this context, the draft Regulation amending Regulation no. 829/2016 aims to give some flexibility to the obligations established as regards the supporting means to be used in providing the FIS in pre-contractual and contractual situations, to allow the party concerned to choose the medium for this purpose. The means by which companies start to make the FIS available, on paper or on any other legally-defined durable medium, depends on the choice of the end-user, thereby ensuring that the information provided and the medium supporting it are entirely suited to the profile and needs of recipient end-users.

In addition, the approved FIS models were reformulated and the corresponding provisions adapted, in order to incorporate two specific types, which warrant particular treatment at the various stages of interaction with companies. As such, the FIS will be available in two complementary formats: the Product FIS and the Customer FIS. The Product FIS is defined as the information medium which sets out the general conditions of each offer that is addressed to end-users; The Customer FIS is defined as the information medium which sets out the particular conditions or contractual conditions governing each end user’s subscription - this Customer FIS will tend to give specific detail as compared to the optional conditions of the offer described in the Product FIS.

It was decided to submit the draft Regulation amending Regulation no. 829/2016 to public consultation, in accordance with article 10 of ANACOM's Statutes and articles 98 et seq. of Código do Procedimento Administrativo (Administrative Proceeding Code).

Interested parties are given a period of 30 working days to comment (comments in writing and in Portuguese).  Comments should therefore be sent, no later than 28 August 2017, by email to regulamento.informacao@anacom.ptmailto:regulamento.informacao@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, interested parties should also submit a non-confidential version of their responses excluding 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.