The Committee for General Contractual Terms and Conditions puts into effect the control and prevention of unfair terms.
Decree-Law 123/2023, published on December 26th, creates the Committee for General Contractual Terms and Conditions and puts into effect the control and prevention of unfair terms.
The Committee for General Contractual Terms and Conditions is an independent administrative body, of an advisory nature, which will work with the Ministers responsible for the areas of justice and consumer protection. Its technical and administrative support will be provided by the Directorate-General for Consumer Affairs.
This Committee will be responsible for, namely:
The Committee will have residual competence since there are already regulatory and market control bodies in place to verify the legality of these terms and conditions in certain sectors of economic activity. Consequently, its activity will focus on sectors which do not have legislation providing for this control, avoiding disparities between them and unequal consumer protection.
Additionally, the decree-law establishes a principle of collaboration between the regulatory and market control bodies of the sectors and the Committee, with the aim of drafting standard contracts for voluntary adoption in regulated sectors or sectors with specific legislation, in accordance with the legal framework for general contractual terms and conditions.
The legislation also provides for the creation of the Portal for General Contractual Terms and Conditions. This portal will include the opinions and recommendations drawn up by the Commission, as well as court decisions prohibiting the use or recommendation of general contractual terms and conditions or declaring the nullity of terms and conditions inserted in individual contracts.
Decree-Law 123/2023 came into force on December 27th and the Committee for General Contractual Terms and Conditions is expected to be operational within 90 days of that date.