The Arera resolution

Electricity and gas bills: from telephone contracts to unilateral changes. Here's how you can defend yourself

New developments for consumers dealing with off-premises or distance contracts: strengthened protections and obligations

by Celestina Dominelli

3' min read

3' min read

News for electricity and gas bills. In fact, as of 1 January 2025, the rules will change for new electricity and gas contracts signed off-premises or at a distance (by telephone) both in the case of changes in conditions by the seller. This was established by a resolution of the Authority for Energy, Networks and the Environment (95/2024/R/com), presented in recent days to consumer associations as part of the round table on overcoming price protections.

Besseghini: innovations aim to rebalance the relationship between operators and consumers

The resolution implements the amendments to the Consumer Code provided for by Legislative Decree 26/2023 and by the Competition Law 2022, strengthens the obligations of sellers in the event of changes to contractual conditions, and also harmonises the regulations on Placet offers and on vulnerability protection services. "Over the last few years, many energy and gas contracts have been subject to changes, both as a result of the processes of definitive liberalisation and because of the unpredictable price increases, due firstly to the end of the Covid and then to the conflict in Ukraine and the consequent tensions on the markets," explains Arera president Stefano Besseghini. "The new features of the Commercial Code aim to rebalance the relationship that has been created between operators and consumers as a result of these phenomena, with the introduction of additional protection tools that represent a further sign of the growth of attention to customers.

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The new rules

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But what will change as of 1 January 2025? Among the most significant changes implemented is the obligation on the seller in the case of off-premises or distance contracts to provide domestic customers, if available, with information on electronic means of communication that allow for the exchange of written messages on a durable medium - for example, a paper communication sent by post or electronic mail, such as a file sent by e-mail or text on the seller's website or app -, capable of showing the date and time of the communication.

Contracts via telephone

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For contracts by telephone, it will also be necessary for the validity of the consent to conclude the contract that the customer confirms receipt of the written document containing all the contractual conditions, transmitted on paper or on another available and accessible durable medium.

Subscriptions at door-to-door

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In the case of contracts concluded in the context of unsolicited visits by a salesperson ('door-to-door') to the home of a domestic customer or excursions organised by a salesperson for commercial purposes, the right of withdrawal is then extended from 14 to 30 days.

What Changes for Unilateral Variations

An important change also concerns communications on changes in contractual conditions, such as unilateral variations, automatic evolutions and renewals. These will have to be provided to customers on a durable medium, accepted in advance by the customer, and, in the case of unilateral variations and renewals, will have to have content tied to the specific regulatory provisions and be separate from communications of another nature, such as communications for commercial purposes. Moreover, in the case of telematic communications, the header of the communication must coincide with the subject of the transmission message, if any.

The Times of Communication

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Unilateral variations and renewals shall be communicated with a notice period of not less than three months, reduced to one month only in the event that the unilateral variation results in a reduction of the fees determined by the seller. In the event of non-compliance with the notice period, the seller shall pay automatic compensation to the end customer.

Compliance with notice periods

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Moreover, the application of Articles 1334 and 1335 of the Civil Code, which, on the one hand, relate the production of the legal effects of unilateral acts to the moment in which they reach the addressee's knowledge and, on the other hand, presume that the addressee has had knowledge of the act at the moment in which the same act is received at his address, was also confirmed for the purpose of complying with the notice periods for notifications of contractual amendments regulated by the Authority.

The burden is on the seller in the event of a dispute over receipt of the deed

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In the case of disputes related to the effectiveness of unilateral variation and renewal of economic conditions, following a possible dispute on the receipt of the deed by the customer, the burden of proof of sending and delivery of the deeds is on the seller. Lastly, in order to protect the consumer, the responsibility of sellers for respecting the Code of Business Conduct and customers' rights is reaffirmed, also with reference to telemarketing and teleselling services entrusted to third parties, regardless of the technology or organisational methods adopted to promote and conclude contracts.

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