terça, 22 outubro 2019

Electronic Complaint Book: Compulsory Registration on the Complaint Book’s Electronic Platform

VolverThis month the Department of Commercial and Corporate Law of Belzuz Abogados S.L.P. – Portuguese Branch will analyse the Legal Regime of the Complaint Book.

On June 21st, 2017, Decree-Law No. 74/2017 was published, which amended the Legal Regime of the Complaint Book.

The implementation of the Electronic Complaint Book to the different regulatory / supervisory entities is being phased in.

The obligation to make the electronic complaint book format available was initially only applicable to essential public service providers.

As of July 1st, 2018, it became mandatory for other suppliers of goods and service providers from other sectors of economic activities.

The second phase of implementation of the Electronic Complaint Book was established from July 1, 2018 to July 1, 2019.

As of July 1, 2019, the following entities are obliged to make available the electronic complaint book:

(a) Economic operators in the area of hotel activities, travel and tourism agencies and large-scale distribution are already included in the Complaint Book’s Electronic Platform;

(b) Economic operators carrying out activities supervised by ASAE (Portuguese Food and Economic Security Authority).

Accordingly, these entities are obliged, since June 1st, 2019, to register directly on the Complaint Book’s Electronic Platform at the following electronic address, according to user manual’s instructions available on the website of Direção Geral do Consumidor (Consumer General Office) (www.consumidor.gov.pt).

The economic operators that develop activities regulated / supervised by ANAC (National Civil Aviation Agency), AMT (Mobility and Transport Authority), Bank of Portugal, ASF (Insurance and Pension Funds Supervisory Authority), CMVM (Portuguese Securities Market Commission), IMPIC (Institute of Public Markets, Real Estate and Construction), ERS (Health Regulatory Authority), INFARMED (National Authority for Medicines and Health Products), IGAC (General Inspection of Cultural Activities), ERN (National Regulatory Authority), OMV (Veterinary Association), IGEC (General Inspectorate of Education and Science), ISS (Social Security), among others, will be integrated in the Complaint Book’s Platform Electronic, according to a schedule to be determined between the DGC (Consumer Directorate-General) / INCM (National Press-Mint) and its Regulatory Entity. Economic operators in these sectors will be contacted for participation in the integration process.

The economic operators that make the Electronic Complaint Book available must comply with the rules set out in Decree-Law no. 74/2017, which highlights the obligation to respond to the consumer within 15 working days from the date of receipt of the complaint.

Among the main changes to be stressed with the publication of this document, we highlight the following:

(i) Along with the paper (physical) complaint book, it is mandatory to make the Complaint Book available in an electronic form, as well as the disclosure of access to it on the respective websites of the economic operator.

(ii) The complaint filed in the Electronic Complaint Book has the same validity as the complaint filed in the paper complaint book.

(iii) Non-profit associations that carry out similar activities to the establishments identified in the annex to the diploma shall make the complaint book available, as well as suppliers of goods and service providers who carry out their activity, even on a non-exclusive or main manner, in the places of the services and bodies of the Public Administration, that have contact with the public.

(iv) Elimination of the sign in an approved model and acquired together with the Complaint Book. Economic operators are now obliged to display in the establishment, in a clearly visible place and with easily legible characters, an information noting that such establishment has a complaint book and the identification of the entity competent to assess the complaints.

(v) Extension of the period of 10 to 15 working days for sending the original complaint sheet to the competent entity by the supplier of the goods, the service provider or the official of the establishment.

(vi) Clarification of situations in which the consumer or user refuses to receive the duplicate of the complaint, in which case the supplier of the goods or service provider must file the duplicate, mentioning this refusal.

(vii) In case of changes in the address of the establishment, in the activity or respective the Code of Activity or in the designation of the establishment, the economic operator may maintain the complaints book, but must electronically communicate to the INCM (National Press-Mint) the change to be registered in the complaint book.

(viii) Possibility, from the date of entry into force of the diploma, of the economic operator to send the scanned complaint sheets by electronic means to the regulatory authority or inspection body within 15 working days.

(ix) In the cases referred to in the preceding paragraph, the economic operator must maintain a properly organized archive of the original documents and proof of their consignment in electronic form (e-mails) for a period of three years, otherwise it commits an administrative offense.

(x) Lastly, ASAE (Portuguese Food and Economic Security Authority) becomes the competent authority for the application of fines and ancillary sanctions in the proceedings filed and prepared by the Veterinary and Veterinary Medical Centres Association, in this matter.

Legal advice to companies operating in Portugal is provided by a multidisciplinary team of lawyers from Belzuz Abogados, S.L.P. - Branch in Portugal with extensive experience in matters related to corporate management and structuring, fiscal framework, labour matters, industrial and intellectual property, data protection issues and privacy.

 Telma Moreno Nunes Telma Moreno Nunes

Departamento Direito Comercial e Societário | (Portugal)

 

Belzuz Abogados SLP

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