Everything you need to know about the Customer Care Services Bill

This new regulation obliges companies to have a free and accessible customer service for queries, complaints and claims.
It also prohibits the use of answering machines as an exclusive means. And when they are used, they must provide for the possibility of requesting personalized attention at “any time during the interaction”.
In any case, no call from persons seeking telephone attention may exceed three minutes of waiting time.
In addition, according to the new bill, companies providing basic services will have to have a 24-hour support service. In this sense, it will not be possible to refer the consultation of a free telephone to numbers “that imply a cost for the clientele, either via telephone, text messages or other analogous means”.
Another of the new features of this text is the obligation to have a service to file complaints or claims by the customer, as well as to report any incidents related to the service. Incidentally, it also reduces the period for dealing with a claim or complaint from 30 days to 15 days.
On the other hand, from the publication of these regulations, companies that meet certain requirements will have to undergo external audits to ensure compliance with the requirements of the customer service regulations.

The main sectors affected by this bill are:

• Water and energy supply and distribution services .
• Passenger transportation services, whether by air, rail, sea, inland waterway, bus or coach.
• Postal services .
• Electronic communications services.
• Financial services .
• Utilities or companies that provide services to the sectors indicated in this section.

In addition, this regulation also affects companies that meet one or more of the following characteristics:

• More than 250 employees.
• A turnover in excess of 50 million euros.
• A business balance of more than 43 million euros.
• This could include major companies according to the criteria of the European Union Directive on measures for a high common level of cybersecurity throughout the European Union (NIS2).
  It would therefore apply to many other companies regardless of the volume of employees or turnover.

In any case, the General State Administration is outside the scope of these regulations.

The obligations contained in the draft law can be divided into two large blocks.

Referred to those incidents that affect the provision of the service through the preferred channels or contact details indicated in the contract. This point is important, since it is necessary that the data be updated by the client. To this end, the electricity, water and natural gas distribution companies must inform the marketing companies of said services, immediately and completely, of possible incidents affecting the supply.
Likewise, they will have to provide information on the origin of the incident, its degree of impact, measures adopted or the expected term for resolution and restoration of the supply.
By regulation, the competent administration will determine the conditions under which this information, true and accurate, will have to be provided, which will include the rights and indemnities that may be applicable.
This notification will be communicated by the companies immediately, once they have knowledge of the incident, and without the need for the user to expressly request it.

In the event that a customer files a complaint or claim by telephone, video call or instant messaging, the company will have to record the conversation, always with the express consent of the customer, in order to draft and deliver a supporting document.
It will also inform the user of the way in which he can access the document.
In these cases, the company will have to keep a copy of this recording or its transcription, at least until the person transmitting the complaint or query has been notified of its resolution.The delivery of the voucher will be made by the same means by which the communication initiating the process was made or the one chosen by the person who made it.
Of course, the company will take all necessary precautions regarding the personal data contained in these recordings.

Taking into account the obligations set by this new regulation, related to the obligation to send communications, the use of more dynamic channels, such as WhatsApp, SMS or email, will facilitate the usual operations of the affected sectors, and of course will enable a reduction in response times in customer services.
The certified use of the above channels allows two things:

• On the one hand, it maintains at all times, and in the same place, the sending of complaints and claims, as well as all customer information processes.
  It also guarantees at all times the traceability and evidence of the conversation held with the user and/or customer of the service.
• On the other hand, it complies with the obligation to safeguard the exchange of any information through these channels during the legally established periods, such as the proof of the claim or the information sent to the customers of the incidents that may occur in the service they have contracted (temporary water, electricity or gas cut-off, etc.).

In this sense, when is it advisable to certify such a communication? In cases of service interruption due to an incident, the answer to this question will depend on the impact this may have on the end user of the service.
Let’s take a high-impact example: the use of a respirator or dialysis machine by a person who requires a power supply that is essential for its operation, as it is essential to keep the patient alive.
In these cases, failure to report a supply incident can have serious consequences for the end user.
Generally, any certified communication process through the channels indicated above allows the company providing the service to have total security and agility when notifying an incident and responding to a customer complaint.
And this is so when the process is certified by a qualified trusted electronic service provider, which attests to the management, delivery and receipt of transmitted electronic documents.
Thus, many companies can adapt to the new regulatory changes and comply with the laws that apply to them, and also add the benefit of cost reduction.
And this is precisely the case of the Customer Service Law that we have discussed in this article.