Consumer Protection
The defence of Consumer Rights is an important undertaking that has emerged in today’s society. A variety of factors – such as the constant call to be consumers, the increasing complexity of the market, the aggressiveness of new sales techniques and some types of advertising – lead to situations of inequality between consumers and businesses. For this reason, the State must intervene to defend the more unprotected of the two parties: the consumer. The sheltering that the State is providing for consumer concerns, and their legal protections, represents a step forward. Making the distinction between those businesses whose names are associated with quality and efficiency and those that disrespect the rights of consumers is a stimulus to modernisation in the business world. It is the role and function of the Directorate General to promote and safeguard the rights of consumers.
Among the activities that it develops are the following:
1. Elaboration of proposals for legislative measures that seek to protect the interests of consumers – in which the current pre-project, The Consumer’s Code, is set;
2. Participation on the international level regarding the definition and harmonisation of consumer protection policies in the community frame and in the context of market globalisation;
3. Support to individual consumers, namely through the issuing of information, the forwarding of complaints and the availability of information at a documentation centre;
4. Execution of informational and sensitivity campaigns geared to the public;
5. Promotion of educational and training activities, and the production of educational means and materials;
6. Fostering the creation of Consumer Conflict Arbitration Centres;
7. Support to consumer organisations;
8. Collaboration with local authorities regarding the creation of mechanisms to inform the public and to mediate conflicts;
9. Examination, supervision and inspection of aspects related to advertising;
10. Lending support to the National Consumer Council;
11. Lending support to the Consumer Goods and Services Safety Council;
12. Position as national point of contact in the EU system of rapid exchange of information (RAPEX);
13. Analysis of the market, of products and services and their impact on consumers.
Consumer Protection Policy – 2006-2007
• Creation of the ASAE – The Food and Economic Safety Authority.
• Development of inspection initiatives for various economic activities and the prevention of economic malfeasance.
• A Complaints Book being placed in all goods and service establishments that have contact with the public.
• Regime for installing and operating artificial tanning spas (solariums). • Launching the public discussion of the pre-project surrounding the Consumer’s Code.
• Regime that establishes the rules and procedures to be observed by insurance companies in order to guarantee prompt and diligent assumption of their responsibilities, and the payment of indemnities, in case of an auto accident, in the ambit of civil automotive insurance responsibility. • Obligation to indicate the Annual Percentage Rate in all advertisement venues and forms with regard to announcing credit as ‘without cost’ or ‘interest free,’ or in other terms that express an equivalent message.
• Regime related to the conditions for use of car parks and car parking zones.
• Regime to establish the display of retail prices of fuel at petrol stations. • Support to entities that wish to form associations.
• Measures related to the prevention of consumer over-indebtedness, in which the creation of the Bureau for Consumer Over-Indebtedness Guidance is to be noted.
• Support for the development of mechanisms to resolve extra-judicial consumer conflicts, via the concession of annual subventions.
• Regime related to the settlement date of bank transfers and cash movement done in Euros and the amount of time before funds are made available to the beneficiary.
• Regime that establishes the rules for rounding of interest rate figures when applied to credit contracts linked to housing purchases signed between credit institutions and their customers.
• Regime that regulates the commercial practices of credit or lending institutions in order to assure transparency of information given out at the time of signing contracts linked to housing purchases.
• Regime that regulates the commercial practices of sales/pride reductions established at retail establishments when the aim is liquidation of stock, increase in sales volume or the promotional launch of a product not previously commercially available by the economic agent (formalised sales and promotions).
• Regime that establishes the rules for the rounding of interest rate figures applied to consumer credit contracts.
• Regime that regulates the publicised prices of airline flights.
European Union
Direcção Geral da Saúde e Protecção dos Consumidores
Consumidores
Consumidores - Actividades da União Europeia
Food Safety and Inspection
Dealing with food safety and inspection, the ASAE – The Food Safety and Economic Authority is the national administrative body specialising in and responsible for the analysis and public notification of risks to the Portuguese food supply chain as well as the overseeing of economic activities in the food and non-food sector dealing with inspection and enforcement of regulatory legislation in this area.
Given its status as an entity that performs inspections and market control, and in a wider horizontal scope that touches on economic activity in this area, the ASAE develops initiatives and acts in the following fields: Public Health and Food Safety, Industrial Property and Commercial Practices, The Environment and Safety.
On the European level, the EU authority dealing with food safety is EFSA, European Food Safety Authority, and institution created to assure the protection of consumers on an EU-wide scale with regard to animal health and well-being, safety of plants and the protection of the environment. The European Food Safety Authority was created and provided for in accordance with Regulation (CE) Nº 178/2002.
Free and Open Competition
The Competition Authority, created by Decree-Law DL 10-2003 dated 18/1/2003, has transversal powers in the Portuguese economy regarding the application of rules governing competition in compliance with regulatory bodies in the various sectors and EU directives.
The Competition Authority’s mission is to assure the application of rules pertaining to competition in Portugal with respect to the principles of freedom and openness in a market economy, bearing in mind the concepts of efficient operation of markets, maintenance of high levels of technical progress, effective division of resources, and the interests of consumers, all as they pertain to stipulations of local law and EU statutes.
This mission translates into a variety of activities that are based on and developed with respect to the importance given to the following main points, where the focus is to:
Point 1: Control business strategies (cooperative and concentrative) and combat restrictive and abusive practices in order to assure an adequate level of competition
Point 2: Identify markets in which competition is restricted and promote solutions that benefit consumers and improve efficiency
Point 3: Elevate the public consciousness about the context and benefits of competition
Point 4: Provide services to the government, to regulatory agencies and to society in general, in conformity with Best Practices, on an international level
Point 5: Participate in International Affairs in a way that enjoys the highest level of credibility
Created in a similar fashion to European anti-trust regulatory agencies and to other developed countries, the Competition Authority enjoys substantial independence and strives to always be known as an institution of excellence amongst its European partners.