The new Electronic Communications Law entered into force on November 14, 2022, approved by Law no. 16/2022, of 16/8. Among the various changes, we highlight the following:
- Contract Termination Platform: new digital tool that will allow consumers to request information about contracts in execution and submit requests for termination of contracts; available in https://www.cessacaodecontratos.pt https://www.cessacaodecontratos.pt
- mandatory availability of offers without loyalty;
- Unavailability of the service for more than 24 hours, not attributable to the consumer, obliges the company to refund or credit to the invoice / balance the amount corresponding to the time the service was unavailable
- Possibility of early termination of the contract without charge, in the following situations: change of permanent residence when it is not possible for the operator to ensure the provision of the contracted service or equivalent service; involuntary unemployment or incapacity for work, including illness, of more than 60 days involving loss of income equal to or greater than 20%; unpredictable move of permanent housing to another country;
- In the event of contractual changes proposed by the company, the consumer has the right to terminate the contract without any charges (except where such changes are beneficial, or do not have negative effects; or arise from the application of the law or act of ANACOM).
- Termination of the contract during the loyalty period with new calculation formulas: in case of early termination on the consumer's initiative, charges are paid that may not exceed the lower of the following amounts: a) The advantage conferred on the consumer as provided for in the contract in proportion to the remainder of the loyalty period; b) A percentage of the maturing monthly fees, according to the following rules: i) in the case of a period of initial loyalty: 50% of the value of the maturing monthly payments if the termination occurs in the first year of the contract; or 30% of the value of the maturing monthly fees if the termination occurs in the second year of the contract; ii)in the case of subsequent affiliations: i) if there is a change in the local loop installed, the same limits apply in the initial loyalty period; ii) if there is no change in the local loop installed, 30% of the value of the maturing monthly fees.
- Suspension and Expiry of the contract: the consumer may request the suspension of the contract without charge, for example, in situations of: a) loss of the place where the services are provided; b) change of residence outside the national territory; c) absence from residence due to the execution of a prison sentence; d) absence from residence due to disability, prolonged illness or state of dependence on care provided or to be provided by a third person;e) unemployment or sick leave. If the situation lasts for more than 180 days, the consumer may request the expiry of the contract.
- WAP Billing: Under the new LCE, only payments that are previously, expressly and specifically authorised by the consumer may be required.
Source: Direção-Geral do Consumidor