The new telecommunications law was published today in Diário da República, more specifically the Law No. 16/2022, of August 16. It will enter into force within 90 days, term of legal vacancyafter which it will bring changes in the practices of operators in Portugal such as NOS, MEO and Vodafone Portugal.
The new legal diploma essentially transposes Directives 98/84/EC, 2002/77/EC and (EU) 2018/1972, in addition to changing the previous legal framework. Among the novelties is the possibility for the unemployed and emigrants to terminate their contract with NOS, MEO or Vodafone without penalty.
Law No. 16/2022, of August 16, is the new Telecommunications Law in Portugal
After successive delays in the preparation of the new legal diploma, largely due to the times of the pandemic, the text approved in early August has already been published in the Diário da República.
We recall that what is at stake is the transposition of the CECE (European Code of Electronic Communications) into national legislation, a process that we know has taken a long time. In fact, it should be noted that the directive that established the CECE was created in December 2018. Therefore, the transposition deadline was December 2020.
Pandemic and other conjectures delayed publication of the Telecommunications Law
The text can be read in its entirety in Diário da República online, with the core of the changes bringing more protection to the consumer. Emphasis is placed on (unspecified) concepts such as “publicly accessible electronic communications”. However, they effectively strengthen the consumer’s means of reaction.
Taking into account the letter of the law, telecommunications service operators such as NOS, MEO and Vodafone are henceforth unable to “require the consumer who is the holder of the contract to pay any charge related to the breach of the loyalty period” – article 133 no. 1.
Situations where this applies are shown in the list below and include situations such as:
- Change the place of permanent residence of the consumer (item a)
- Unpredictable move of the permanent residence of the contract holder to a third country (al.b)
- Unemployment situation of the consumer holding the contract (al.c)
- Permanent or temporary incapacity for work of more than 60 days (al.d)
It should be noted that in the case of “unemployment”, legal protection is only available if the reason for terminating the contract with the operator is “dismissal at the initiative of the employer for an act not attributable to the worker”. In addition, that this “implies the loss of the consumer’s monthly disposable income.”
In short, we have greater legal protection for consumers compared to telecommunications operators such as MEO, NOS and Vodafone Portugal. It occurs, above all, in situations of greater consumer vulnerability for various reasons.
Finally, the consumer can terminate the contract at any time, without legal cause. However, you must pay 50% of the remaining amount of the loyalty period.
This “if the termination occurs during the first year of validity of the contractual period and 30% of the value of the monthly installments due if the termination occurs during the second year of validity of the contractual period.” This legal provision is found in art. 136. 1 of the Telecommunications Law.