ACM will closely monitor telecom providers for unilateral contract modifications
The Netherlands Authority for Consumers and Markets (ACM) will closely monitor telecom providers on contract modifications to business contracts to which customers have not agreed explicitly. ACM will monitor actively, but is also interested in indications about unilateral modifications to business telecom contracts. For example, has your business telecom contract been automatically renewed? Please submit your indication to ACM.
Modifications are only valid after customers have agreed actively
In September 2016, ACM has introduced new rules to prevent that subscribers automatically agree with contract changes. Telecom providers may only apply important changes to business contracts after informing their customers clearly about this. In practice, telecom providers usually communicate about contract changes by email. Does a telecom provider announce contract changes by email? These changes are only valid on condition that:
- the provider has clearly and unequivocally informed the customer about the modifications;
- the customer has actually received this information;
- the customer has actively agreed to these important modifications (‘opt-in’).
The telecom provider must be able to demonstrate that it has complied with these requirements.
About ‘opt-out’ and ‘opt-in’
In the past, ACM has received indications from large and small businesses that wanted to cancel their telecom contract in order to switch to another provider, but were unable to do so without paying a termination fee first. It turned out that the provider had modified the duration of the contract by email without the customer’s knowledge or without the customer’s consent. Because customers did not receive any notice, they were not aware that they had to object to the modifications. This practice is called ‘opt-out.’ This is not allowed. Customers must receive clear information about all modifications to their contracts in advance. Customers must agree actively to any proposed important modifications. This practice is called ‘opt-in’.
About ACM
You can submit indications about automatic renewals of business telecom contracts to ACM by calling to +31-70 722 2000 (option 2) or by emailing to info [at] acm [punt] nl (info[at]acm[dot]nl).
