Key points of the customer services project of law

Key points of the customer services project of law

This summer, the Council of Ministers approved the Customer Services Project of Law. The aim of this Project of Law is to alleviate the deficiencies detected in Spanish companies through the implementation of free, efficient, universally accessible, inclusive, non-discriminatory and assessable Customer Care Services, which facilitate access to information, and the prompt attention and resolution of complaints.

The content of the Project of Law establishes minimum quality parameters to be met by customer services in order to reduce the large number of complaints and claims received by the Public Administrations from consumers.

Will this Project of Law apply to my company?

For this reason, the main subject of application of the Project of Law is large companies, since they are the main generators of these complaints. On the other hand, it is foreseen that small and medium-sized companies, which do not generate a sufficient volume of business, will not be affected by this Law.

Once the Project of Law is approved, it will be applicable to all companies, public or private, that meet any of the following requirements (either by themselves or together with the rest of their business group):

• Companies providing essential services, of general interest or considered basic and of special economic transcendence (water and energy supply, passenger transport services, postal services, paid audiovisual media, electronic communications and telephone services, and financial services).
• Companies that, individually or within the group of companies of which they form part, have more than 250 employees.
• Companies that, individually or within the group of companies of which they form part, have a turnover in the previous year exceeding 50 million euros, or their annual balance sheet has exceeded 43 million euros.

What would the Project of Law modify?

The main novelty of the Project of Law is the obligation to have a “personalized” Customer Care Service, i.e., it is prohibited that the service be provided exclusively through automated means. Regardless of the means of contact chosen by the consumer, he/she must be able to contact a specialized operator, who must identify him/herself at the beginning of the conversation.

In addition, the Project of Law emphasizes the importance of informing the customer prior to contracting about the means of service made available to him, which, as a minimum, must be post-mail, telephone and electronic means of communication (i.e., email).

These means of contact must be completely free of charge, expressly prohibiting the use of premium rate numbers; as well as the cross-selling of products, as long as the contracting of the same does not imply a real and effective solution to the claim.

The Project of Law provides that all customer services must comply with the following requirements and quality standards:

• a) The complaint management system must be unitary or centralized, so as to guarantee the record of complaints and incidents and facilitate follow-up.
• b) Customer service hours shall be in accordance with normal business timetable. For basic services of general interest, customer service shall be available 24 hours a day, 365 days a year, for incidents relating to the continuity of service.
• c) All communications shall be dealt with as soon as possible, and never in a period of more than fifteen working days from their submission. In the case of incidents related to the continuity of service in contracts of a basic nature of general interest, these shall be answered within a maximum period of two hours.
• d) In the event that the communication is made by telephone, a maximum waiting time of 3 minutes must be guaranteed in at least 95% of the calls. The call shall be recorded and a copy of this recording shall be kept at least until the communication in question has been resolved.
• e) Whenever possible, the response should be in the same language in which the complaint was made, and at least in Spanish.

Finally, companies should develop internal controls for measuring the quality of service achieved by documenting the entire process so that it is available to the competent consumer administration. In addition, this evaluation system must be audited annually by third party auditors duly accredited by the National Accreditation Entity.

I am a vulnerable consumer, should businesses take me into account?

The Project of Law obliges companies to have Customer Care Services that are adapted to the specific needs of the consumer, and in particular those of vulnerable consumers. 

The legal definition of vulnerable consumers established by the Project of Law presents the following wording: “those natural persons who, individually or collectively, due to their characteristics, needs or personal, economic, educational or social circumstances, find themselves, even territorially, sectorially or temporarily, in a special situation of subordination, defenselessness or lack of protection that prevents them from exercising their rights as consumers under equal conditions”.

This definition introduces different assumptions and indeterminate circumstances that must be interpreted according to the specific characteristics of each business and the typology of customers served. Accessibility to all consumers must be evaluated and guaranteed, with special consideration being given to people with disabilities or those with less digital training, such as the elderly.

Thus, Customer Services must be designed following the principles of universal accessibility, equal treatment and non-discrimination, adapting the available means of communication (e.g.: using accessibility plugins on websites) and, when this is not possible, complementary means must be available that can be used by consumers with different needs.

When will this regulation be in force?

Urgent procedure has been requested for the processing of the Project of Law. This procedure can take an average of five months from the time the Council of Ministers sends it to Parliament until it is finally approved. Once all these procedures have been completed, the new law will be published in the Official State Gazette and will come into force the day after its publication. 

However, a transitory provision is included in the law which establishes a period of six months from the entry into force of the law to give companies time to adapt their services to the new regulations.