The Portuguese consumer institute, Instituto do Consumidor (IC), has published a recommendation about the provision of internet access. This recommendation, issued on 25 January 2006, is directed at Internet Service Providers (ISPs) who are operating in the national market and follows from a study carried out by ANACOM into the perception users have of the quality of service provided by ISPs, in narrowband (dial-up) and broadband (ADSL and Cable) internet access.
The institute recommends that: (i) When the speed of an internet connection is mentioned in publicity, reference should be made to the average speed that is experienced in reality with the connection, rather than a hypothetical maximum speed; (ii) Before signing the contract, the consumer should be provided with detailed information about the technical characteristics of the service and the relevant contractual clauses, in a reproducible format, and in a way that is clear, easy to understand and unambiguous; (iii) The quality of customer service should be improved and consumer complaints should be dealt with more quickly, while ISPs should be encouraged to enter voluntary arbitration to settle consumer disputes. Finally, all ISPs operating in the national market should inform the consumer institute (Instituto do Consumidor) of the steps that they will be taking to implement these recommendations.
This recommendation is in line with the following regulatory measures that ANACOM took in 2005:
- The determination of 01 September 2005 setting out minimum guidelines for the content of contracts for the provision of electronic communication services;
- The determination governing the way the terms and conditions are presented to the public when an electronic communication service is being offered (part of an ongoing consultation that began on 2 August 2005)
These measures stipulate that minimum levels of service and quality should be set out clearly, both prior to the client signing the contract and in the contracts themselves, and also that if this minimum service is not provided, the customer will be able to claim compensation or a refund.
Accordingly, ANACOM published a set of non-binding parameters which providers can choose to follow when setting the contractual levels of quality. Among these parameters is a guarantee of minimum connection speed and the response time to complaints or requests for information from customers. ANACOM's goal is to ensure that consumers are informed about the quality of service that the provider is effectively obliged to deliver under each contract.
ANACOM further determined that contracts should contain information about how out-of-court claims can be brought to settle disputes, recommending that, where applicable, the contract should set out the mechanisms of arbitration and legal mediation that are available for settling any dispute arising from the interpretation or during the performance of the contract.
Further information:
- Recomendação do Instituto do Consumidor http://www.ic.pt/docs/6328/recomendacao.pdf
Related information on ANACOM's website:
- Evaluation of the Internet Access Service https://www.anacom.pt/render.jsp?contentId=678378
- Guidelines for Minimum Content to be Included in Electronic Communications Contracts https://www.anacom.pt/render.jsp?contentId=276665
- Regulation no. 46/2005, published on 14 of June https://www.anacom.pt/render.jsp?contentId=975357
- Survey of the internet access quality of service https://www.anacom.pt/render.jsp?contentId=326269
- Object and form of public disclosure of the conditions of offer and use of electronic communication services https://www.anacom.pt/render.jsp?contentId=1092423
