In Portugal, the Complaints Book (“Livro de Reclamações”) is a vital tool established to protect consumer rights and ensure transparency in business operations. This guide aims to provide detailed information on what the Complaints Book is, why it was established, who must have it, and how consumers can lodge complaints effectively.
The Complaints Book system in Portugal allows you to publicly register any complaint about a business. If you ask a business for their Complaints Book, they know that you mean business and they take your complaint seriously. This is because companies are required to respond to any complaints written in their Complaint Books within 15 days by email. They must inform the customer in their response about the measures that will be taken to address the complaint. Within these same 15 days, they must also share their response with the supervisory/regulatory entity known as ASAE (Autoridade de Segurança Alimentar e Económica).
What Is the Complaints Book?
The Complaints Book is a mandatory mechanism for registering consumer complaints about goods and services. It went into effect on September 15, 2005 and an electronic version fully rolled on December 31, 2019. This book serves as a formal record that allows consumers to voice their grievances directly to the regulatory authorities.
Why Was the Complaints Book Established?
The Complaints Book was established to enhance consumer protection and ensure businesses are held accountable for their services. It provides a structured process for consumers to report issues, facilitating regulatory oversight and promoting higher standards of customer service.
Who Must Have a Complaints Book?
Physical Complaints Book
All suppliers of goods and service providers who meet the following criteria must have a physical Complaints Book. This includes businesses with the following:
- Fixed or Permanent Establishment: The business must have a physical location where it primarily conducts its activities.
- Public Contact: The business must have direct contact with the public, either through customer service or sales of products and services.
Examples:
- A clothing retailer with a physical store open to the public.
- A business with both a physical store and an online presence.
Electronic Complaints Book
All suppliers of goods and service providers, regardless of whether they have a physical establishment, must have an electronic Complaints Book if they engage in digital commerce.
Examples:
- An online retailer without a physical store.
- A service provider regulated by the Food and Economic Safety Authority (ASAE) or other regulatory entities.
How to Complain Using the Complaints Book
Physical Complaints Book
How does it work?
Ask for the physical book in the business where you wish to make a complaint. Remember the following when making a complaint:
Always use a ballpoint (so that the complaint cannot be deleted);
- Write your complaint legibly
- Enter the establishment or service in question (name and address)
- Log the complaint including your name, address and identity card or passport number
- Explain the reasons for the complaint, as well as the date and time on which you made the complaint
- Keep all documents proving the subject of the complaint (invoices, contracts, brochures, photographs, etc.)
- Keep a copy of the complaint to which you are entitled
Complaints are registered in triplicate. The person responsible for the establishment hands the duplicate of the complaint to the customer and has 15 working days to send his reply to ASEA. The consumer may also send the complaint to ASEA to ensure that the complaint is received. A third copy of the complaint remains in the book and cannot be withdrawn from it.
After examining the formal complaint, ASEA decides whether or not to penalize the establishment. If there is not enough data to proceed, the establishment has a period of 10 days to submit allegations in its defense.
It should be noted that whenever the complaints book is requested, the owner of the establishment may not ask to see any identification before presenting it to the customer. If access to the book is denied, it may be advisable to return at a later date and try to ask for the book from a different member of staff. Then, the original complaint can be made along with a second complaint regarding the refusal to present the book.
Electronic Complaints Book
- Access the Platform: Visit the Electronic Complaints Book Platform at Livro de Reclamações.
- Register Your Complaint: Fill out the online form with the necessary details about your complaint.
- Submit Your Complaint: Once submitted, the complaint will be directed to the appropriate regulatory authority.
You can also contact the website by calling 217 998 010.
What about a Book of Compliments?
It may surprise you to know that there is also a Book of Compliments, known in Portuguese as the Livro de Elogios, created by Cristina Leal in 2013. Now present in over 11,000 establishments, this concept resonates with the Portuguese culture, which values hard work, hospitality, and care. The book has become an essential tool for fostering a positive environment in businesses and communities.
Initially only a traditional paper book, the Livro de Elogios has evolved with a website for easy acquisition, an app for online praises, and a digital version for greater accessibility. Continuous innovations keep it relevant and beneficial for companies, with updates shared via email and social media. Businesses can acquire the Book of Praise online to enhance their workplace environment. Please note that this is not mandated by the government. It is the work of a private company.
Final Thoughts
The Complaints Book is an essential tool for consumer protection in Portugal. By understanding the requirements and processes involved, both consumers and businesses can ensure that complaints are handled effectively and transparently. It’s comforting to know that there are strong protections in place for consumers in Portugal.
