Compulsory requirement of having a complaints book in an electronic form in place
In accordance with Decree-Law n. º 74/2017, all suppliers of goods and services, who develop their activity in a fixed or permanent establishment or through digital means, are obliged since the 1st of July of the present year, to have a complaints book in an electronic form apart from the obligation of having the traditional complaints book in the physical form in place.
Following this piece of legislation, Ordinance n. º 201-A/2017 came into force to approve the template, the edition, the prices, the supply and the distribution processes of the complaints book, in its physical and electronic forms, as well as the functionalities of the Digital Platform that makes the electronic form now available.
That means:
- The supplier of goods and services has the obligation to have the electronic form of the complaint book in place, so that any consumer has the opportunity to file a complaint through the Digital Platform at https://www.livroreclamacoes.pt/inicio, (maintaining, however, the possibility of presenting a complaint through the physical means);
- In all websites where the sale of goods or services occurs (or, in the event no website exists, an e-mail for the purpose of receiving the complaints submitted through the Digital Platform has to be provided), the access to the Digital Platform has to be disclosed, in a clear and visible way;
- The Digital Platform also allows consumers to submit information requests to the relevant sectorial and / or market control regulators and also to consult information on consumer matters;
- The suppliers of goods and services must respond to the consumer within a maximum period of 15 working days from the date of the complaint.
Companies will be punished with a fine of € 1500 up to € 15,000 in case of non-compliance with points 1 and 2 and with a fine of € 500 to € 5000 in case of non-compliance with point 4.