The Communications Authority (Agcom) has launched new rules that will significantly influence telephone contracts in Italy, introducing measures to protect end users but also the (disputed) automatic increases in tariffs based on inflation.
The deliberates n. 307/23/CONS, final of a procedural process that began with resolution no. 89/23/CONS, in fact approves a regulation that governs the entire contractual matter between operators of electronic communications services and end users.
The regulation, proposed at the Council meeting on 5 December 2023, covers a vast area range of aspectsfrom telephone contracts to connectivity and terminals, including consumers, micro-businesses, small and large businesses, and non-profit organizations.
Key Points of the New Regulation
Automatic increases linked to inflation: The most significant innovation is the introduction of automatic annual price increases, starting from April 2024, based on the official inflation index. However, users can object to such increases, as they must give their explicit consent.
Rincari “to the person”: Operators can apply customized markups, in addition to inflation, but only with the explicit consent of the user. These increases can be applied immediately, but users have the right to withdraw without cost whenever an increase occurs.
Protections for Users: The operator may apply increases linked to inflation only twelve months after signing the contract.
It must faithfully follow the inflation index, guaranteeing a reduction in tariffs in the event of deflation. Furthermore, users have the right to withdraw free of charge in response to “customized” price increases.
Clear and Transparent Communications: Operators are required to provide clear and detailed information before the conclusion of the contract. They must communicate on the “durable medium” and provide a summary of the contractual conditions with the most relevant details.
Cancellation costs reset after 24 months: After 24 months from signing, no cancellation costs will be due to operators in new contracts.
Comment by Commissioner Elisa Giomi
The Commissioner rapporteur, the Doctor Elisa Giomi, underlined the importance of this provision, calling it “unprecedented”. He highlighted that “protects all consumers from the contractual conditions of telephone and internet operators, guaranteeing clear access to contractual information and defending users from automatic increases and withdrawal costs”.
The new regulation reflects “an effort to establish a balance between the interests of operators and consumer protection, representing a significant advance in the relationship between consumers and businesses in the telecommunications sector“.
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