Decree Law no. 9/2010, from 10th March, which adopts the necessary measures to fulfil with the obligation to have an electronic complaints book
Legal Alert no. 118 - Decree Law no. 9/2020, dated from March 10th, which settles the necessary measures for the compliance with the obligation to have an electronic complaints book
Decree-Law no. 9/2020, published on March 10th 2020, in the Portuguese Official Gazette, amends for the seventh time Decree-Law no. 156/2005, dated from September 15th, and establishes the necessary measures for the compliance with the obligation to have an electronic complaints book.
Decree-Law no. 156/2005 sets forth that all suppliers of goods or services who have contact with the general public are obliged to have and provide a complaints book, in physical and electronic form. This measure aims to reinforce the procedures to protect consumers’ and users’ rights, within the scope of goods and services supply.
Decree-Law no. 74/2017, dated from June 21st added to Decree-Law no. 156/2005 a new article, article no. 5-B that establishes the obligations that the suppliers of goods or services have to undertake regarding the electronic form of the complaints book. Article no. 5-B sets forth, namely, the supplier of goods’ or services’ obligations to have an electronic complaints book, to disclose the access to the digital platform in the relevant internet website, in a visible and highlighted way, and, in cases where the supplier does not have an internet website, it has to hold an electronic address, for purposes of receiving the submitted complaints by means of the digital platform.
Decree-Law no. 9/2020, dated from March 10th amended Decree-Law no. 156/2005, foreseeing that the breach of the aforementioned obligations referred in the previous paragraph will entail an administrative proceeding. Nevertheless, previously, the defaulter shall be notified, so that it may regularize the situation within the period of 90 consecutive days. It is higlhighted that these provisions do not apply to essential public services suppliers.
To access the full version of Decree-Law no. 9/2020, dated from March 10th, please click here.