The electronic complaints book, available since 1 July 2017 only for essential public services, has become mandatory for other economic activities since Sunday, 1 July 2018. Learn about the new rules, according to the Directorate General for the Consumer.

Who is the electronic complaint book intended for?

The electronic complaints book is aimed at Portuguese and foreign consumers and users, and there is an English version on the www.livroreclamacoes.pt platform.

If I have the physical complaints book, am I obliged to receive the complaints through the Electronic Complaints Book?

Yes, both formats of the book are mandatory.

Am I obliged to inform the consumer that there is the possibility of making the complaint through the platform?

The service provider/supplier of goods is legally obliged to inform the consumer/user of the existence of the electronic format of the complaints book, and to disclose on the website in a visible and prominent place the access to the platform www.livroreclamacoes.pt.

Am I obliged to have a website to make this disclosure?

The new legal regime for the complaints book does not oblige service providers to have websites, and for the purposes of receiving the complaints presented on the platform, the existence of a specific e-mail address is sufficient.

I have a website. Can I also have my own complaint form in addition to access to the platform?

The service provider/supplier of goods may have their own complaint channels, which should have a distinctive appearance, not to be confused with the electronic complaint book.

Is the economic operator obliged to make the complaints book available in electronic format in its establishment?

The diploma does not oblige the service provider to provide access in its establishment to the complaints book in electronic format.

How do I receive the claim copy submitted through the platform?

As soon as the consumer submits a complaint through the electronic complaint book platform, the complaint is automatically sent to his e-mail address and to the address of the competent body.

How long do I have to reply to the consumer who submitted the complaint on the platform?

The service provider/supplier of goods shall reply to the complaint of the consumers/users within 15 working days from the date of its receipt.

Where can I buy the electronic complaint book?

The electronic complaints book can be purchased from Imprensa Nacional Casa da Moeda, with four sizes, 25, 250, 500 and 1500 complaint sheets written in Portuguese and English.

When will the electronic complaints book be available for most sectors?

From 1 July 2018, the obligation will be extended to other economic sectors:

Economic operators carrying out activities supervised by ASAE
Given the diversity of sectors and the heterogeneity of companies involved, and in order to ensure the proper connection and adaptation of economic operators to the electronic complaint book, ensuring the safety and effectiveness of this project, the process of adherence and accreditation on the platform for economic operators that are inspected by ASAE - Autoridade de Segurança Alimentar e Económica will run for an extended period, starting on 1 July 2018 and ending on 1 July 2019.

Economic operators carrying out regulated activities or activities supervised by an entity other than ASAE
The activities and respective economic operators will be integrated in this project, according to a schedule agreed with the respective Regulatory Authority / Supervisory Body.

Alternatively, there will be two integration models for regulated economic operators:

An automatic mechanism based on a standard webservices model, dedicated to economic operators who already have their own systems to support the handling of complaints or
A generic backoffice workflow, usable by economic operators who do not have their own claims management systems or have more limited computer capabilities, or who simply prefer this option.
Economic operators should contact their regulator or supervisory authority directly for further information.

What are the values of the fines applied to the administrative offences arising from non-compliance with the rules set out in the Decree-Law for the complaints book in electronic format?

The fines range from 150 to 15,000 euros depending on the offence in question and whether it is committed by a natural or legal person, and negligence is also punishable.