Contracts and Unilateral Changes

Electricity and gas bills: what will change as of 1 January in ten questions and answers

The changes are contained in the resolution approved a few days ago by the Authority for Energy, Networks and the Environment (Arera)

by Celestina Dominelli

3' min read

3' min read

As of 1 January, some rules for electricity and gas bills change to ensure greater transparency and protection. The changes are contained in the resolution approved a few days ago by the Authority for Energy, Networks and Environment (Arera). The document issued by the Authority chaired by Stefano Besseghini implements the changes to the Consumer Code dictated by Legislative Decree 26/2023 and the Competition Law 2022, strengthening the obligations of sellers in the event of changes to contractual conditions. Let's see what changes from next year in ten questions and answers.

1) Can you check what you agree to if you sign a contract over the phone before the final OK?

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As of today, there is already an obligation for the seller to send written documentation in the case of telephone contracts no later than 10 working days after conclusion of the contract. As of 1 January, a strengthening of customer protection will be triggered: not only will the customer's consent to the conclusion of the contract be required, but the customer must also confirm that he has received the documentation in writing.

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2) Is there a right of withdrawal?

The right was already provided for before the last resolution approved by Arera: 14 days from the conclusion of the contract (extended to 30 days in special cases). In addition, for contracts concluded via door-to-door visits, the right of withdrawal will be extended from 14 to 30 days.

3) Will the seller be obliged to send the distance contract in another form?

Absolutely. The seller must send the customer a written document clearly setting out all the contractual conditions. This document must be transmitted on a durable medium, such as a paper communication (by post) or an electronic file (by e-mail or app notification).

4) Does the contract become valid without express consent?

No, the customer must explicitly confirm receipt of the document containing the contractual conditions. Without this confirmation, the contract cannot be considered valid.

5) Can the customer choose the durable medium on which to receive communications?

Communications must be sent in the format chosen and accepted by the customer. For example, if the customer has opted for e-mail, the document must be sent in this form. This step was already provided for in the Consumer Code, but with the new rules it is made explicit

6) If the customer hardly checks his or her phone, how do you ensure that he or she receives these communications?

As from 1 January, all communications concerning changes to an existing contract must be sent on a 'durable' medium and in a form that the customer has already accepted. The seller must ensure that the customer has chosen and approved the manner in which he receives this information, whether by text message, e-mail or paper mail. Furthermore, it must be clear and separate from other communications, such as offers or advertising. If nothing is received, or there is any doubt, the seller must prove that the information has reached the customer.

7) If you realise you have not accepted a contract, what can you do to protect yourself?

As already mentioned, sellers are obliged to comply with the Code of Business Conduct and are also responsible for the actions of third parties they rely on, whether call centres or area salespeople. in this case, a report can be made to the Authority and in the event of a dispute, the Areta Conciliation Service can be used.

8) If the contract was signed without consent, can an annulment be sought?

The seller must always prove that he has complied with the rules. In this case, one can ask the supplier who sent the bill to provide proof of the new contract by sending a written complaint. If the activation was not requested, the customer has the right not to pay for the supply pursuant to Article 66-quinquies of the Consumer Code.

9) Some call centres threaten an interruption of supply. Is this a real risk?

No one is left without an electricity or gas supply except for reasons depending on his or her own will (e.g. disconnection of the point at the end customer's request), despite the fact that some call centres may say otherwise.

10) Who can be contacted to ask about bills and costs?

For information and assistance on regulation in the electricity and gas sectors, the protections available to you and how to assert your rights, you can contact Arera's Energy and Environment Consumer Desk www.sportelloperilconsumatore.it and visit the Authority's website (www.arera.it).

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