Electronic Complainbook Demand

In this time of pandemic, when most commercial establishments are or have been closed until recently, the ASAE (Food and Economic Safety Authority) has begun to 'invest' in the supervision of electronic websites of various economic activities, raising fines, in particular, by not disclosing on the site, in a visible and prominent place, access to the digital platform of the electronic complaints book.

In fact, pursuant to decree - law no. 156/2005 of 15/09 (in its most up-to-date version contained in decree-law No. 9/2020 of 10/03) the mandatory existence of the complaints book in physical formats and for suppliers of goods and service providers who carry out business in an establishment that have contact with the public, and it is certain that those who do not have websites are also covered by such a requirement and must have an e-mail address for the purpose of receiving complaints submitted through the digital platform.

The breach of such a legal requirement constitutes a misdemeanor punishable by imposing fines ranging from €250,00 to €3.500,00 in the case of a natural person and €1.500,00 to €15.000,00 in the case of legal persons.

The legal obligation under consideration applies to a wide range of economic activities and various areas of activity, such as: catering and beverage establishments, laundries, hairdressers, study and explanation offices, funeral homes, promotion and real estate mediation establishments, condominium administration, tourist developments, local accommodation, fuel supply stations, private notaries, day care centers, nursing homes, clinics and dental offices, pharmacies, among others.

The activities involved should therefore be registered on the digital platform in question - https://registo.livroreclamacoes.pt/

Joana Reis

May 2021