Acm.nl gebruikt cookies om het gebruik van de website te analyseren en het gebruikersgemak te verbeteren. Lees meer over cookies

New rules regarding early-termination fees for fixed energy contracts, ACM warns against misleading customer-attraction practices

On June 1, 2023, new rules regarding early-termination fees for fixed energy contracts will come into effect. The Netherlands Authority for Consumers and Markets (ACM) has drawn up these rules in order to stimulate energy suppliers to start offering more fixed contracts again. With these new rules, fixed contracts are truly fixed contracts. Consumers that wish to switch will be able to inquire with their old supplier about early-termination fees and their conditions, and then take a decision. ACM advises consumers never to agree to an unsolicited offer just like that, for example ones that are offered over the phone.

With fixed contracts, the price and contract length have been agreed upon in advance. The energy supplier is required to offer energy at this price for the entire contract period. This offers consumers certainty, and it protects them against any price increases on the energy market. If consumers wish to cancel a fixed contract, they will have to pay the supplier a fee. That is because the supplier will have to sell the energy that the consumer would have bought to someone else, possibly against a lower price than in the terminated contract. In the new system, the amount of the early-termination fee is no more than the amount of the loss that the energy supplier incurs due to the early termination.

Since such early-termination losses are now compensated, suppliers are stimulated to offer more fixed contracts once again, not just for one year, but also for longer periods of time. Consumers will thus again be able to choose for long-term certainty. The new rules will apply to fixed contracts that are taken out from June 1, 2023. The old rules regarding early termination will still apply to contracts taken out before that date. In addition, consumers will continue to be able to take out contracts with variable rates or dynamic contracts where prices can vary each hour or day. When terminating a contract with variable or dynamic prices, consumers do not need to pay an early-termination fee.

If you have a fixed contract, pay attention when switching

In order to prevent consumers from being taken by surprise by high early-termination fees when switching suppliers, consumers that wish to switch must now be informed by their suppliers of the amount of the early-termination fee within a couple of days. When taking out new contracts, consumers are always entitled to a 14-day cooling-off period. If a consumer was not aware of the amount of the early-termination fee, or if they cannot or do not wish to pay, they are still able to cancel the contract during that period, and continue with the old agreement. In addition, it must always be possible for consumers to ask the supplier for the amount of the early-termination fee or to find it somewhere. That is why ACM recommends checking the amount of the early-termination fee prior to taking out a new contract.

ACM calls on consumers to pay extra attention when taking out a new fixed contract. From June 1, fixed contracts are truly fixed contracts, and the early-termination fee can be high if the price difference between the old and the new contract is large and if, according to the old contract, the consumer would still have taken out a substantial amount of energy. Consumers will then have to assess very carefully whether the switch to a cheaper contract would pay off, and whether they are able to pay the fee.

Warning against aggressive and misleading practices

ACM has seen that many different types of energy contracts are offered once again, and that prices can vary substantially. Unfortunately, as the energy market picks up steam again, ACM has also observed a rise in the number of reports of aggressive and misleading sales practices regarding energy contracts. For example, consumers are told over the phone that their current suppliers are almost bankrupt, and that they need to switch soon, even though this is not true. Also, energy contracts are regularly offered over the phone, even though those are not the best offer. That is why ACM warns all consumers to stay alert, and not to accept an unsolicited offer regarding a new energy contract just like that.

Edwin van Houten, Director of ACM’s Consumer Department, adds: “It is wonderful to see that consumers have a choice again. At the same, we unfortunately see the number of reports about misleading customer-attraction practices going up again. ACM remains alert to such practices. We launch investigations into businesses about which we get a lot of complaints. In addition, we are calling on consumers to stay alert as well. Unsolicited offers over the phone are actually never the best choice for anyone. That is why it always is important to take your time to compare offers with those of other suppliers, and not to accept a new contract during a telemarketing call.”

More tips and advice for consumers can be found on ACM ConsuWijzer.

See also