Decreto-Lei n.º 102/2017
- Tipo de Diploma:Decreto-Lei
- Páginas:4974 - 4978
Summary in plain english (Without legal value)
What is it?
This decree-law defines new rules for consumer information obligations that must be displayed in commercial establishments that sell goods or provide services.
What will change?
Displaying certain information is no longer compulsory
It is no longer required to:
- display a sticker showing that the food security fee has been paid (now it is enough to present proof to the supervisory authorities requesting it)
- disclose to the public where the food oils used or produced by industries and cafes, restaurants, hotels, hostels, guesthouses, and other accommodation and catering establishments are being sent to (now it is enough to present proof to the supervisory authorities requesting it)
- display information about the establishment's type and its maximum capacity
- display a warning that unpackaged food products that are selected and served cannot be returned.
It is only compulsory to mention alternative means of settlement of disputes which the establishment has joined
Alternative means of dispute resolution – such as mediation and arbitration - are simple, quick and inexpensive ways to resolve a dispute without going to court.
Traders will have to inform consumers about alternative dispute resolution entities only when they have committed to resolve their disputes through one of these entities or if the law requires them to resort to them.
Model of real estate contract with general clauses is approved
Until now, real estate brokerage contracts with general contractual clauses had to be validated by the Consumer Directorate-General before they could be used by mediation companies.
With this decree-law:
- the Institute of Public Markets, Real Estate and Construction will start validating the contracts
- an ordinance with an approved model of contract of real estate mediation with general contractual clauses will be published in the Official Gazette.
When a real estate agent uses this approved model, there is no need to ask for validation before using it to make contracts. However, the agent must send the signed contract to the Institute of Public Markets, Real Estate and Construction, so that it is registered.
General contractual clauses cannot be negotiated or altered by the consumer. They are used in contracts that companies present to the public and, therefore, are similar for all clients. The clients simply accept or refuse the contract as a whole.
An electronic platform will be created to issue signs and templates
There are plans to create an electronic platform that will issue the signs and templates needed to display the information that traders are legally required to provide to consumers – such as the sticker that indicates that there is a complaint book or the sticker that indicates whether smoking is prohibited.
Gyms will also be able to use this platform to issue the internal regulations that they are obliged to display on their premises. When issued via the platform, the internal regulations do not need to be signed by the technical director.
What are its benefits?
This decree-law is intended to:
- simplify and standardize rules on consumer information that must be displayed on establishments selling goods or services
- facilitate consumer access to information
- increase security in business-consumer relations
- reduce the costs of companies' legal obligations.
When does it come into effect?
This decree-law comes into effect on 1 July 2017.
The electronic platform that will issue signs and templates must be made available within 90 days of this decree-law coming into effect.