How the new Royal Decree 88/2026 redefines the relationship between electricity utilities and their customers

The entry into force of Royal Decree 88/2026, of February 11, represents much more than a regulatory update for the electricity sector: it introduces a structural change in the way in which marketers must manage the relationship with their customers. From now on, it is not enough to comply; it is essential to demonstrate compliance. This new paradigm drives companies towards a digitalization focused on evidence, traceability and legal certainty.

The regulation came into force on February 12, 2026, the same day of its publication in the BOE. However, its application is partially progressive. Some aspects -especially those linked to key supply and contracting processes- take effect on June 12, 2026, marking a clear adaptation schedule for the sector.

This staggered approach does not reduce their impact: on the contrary, it provides a limited window for marketers to review and strengthen their processes before the new requirements become fully enforceable.

The real change introduced by RD 88/2026 is conceptual. The regulator raises the standard: it is no longer sufficient for processes to be defined or executed correctly, but they must be auditable, verifiable and demonstrable at any time.

This directly affects all critical points of the customer lifecycle:

• Contracting: obligation to provide clear and prior information through documents separate from the contract.
• Telephone contracting: need to keep complete recordings and evidence of consent.
• Contractual modifications and price revisions: mandatory, individualized and with minimum advance notice.
• Claims and disputes: requirement to reconstruct the complete history of the interaction.

In this context, the risk no longer lies solely in non-compliance, but in not being able to prove compliance in the event of an inspection or a claim.

The new regulation also introduces pressure on timing and operations. For example:

• The incoming marketer must initiate the changeover within 24 hours on a business day.
• The customer has the right to complete the exchange within a maximum of 10 working days.

These requirements demand agile execution, but also impeccable document management, where every step is recorded and available.

The consequence is clear: digitization can no longer be limited to optimizing internal processes; it must guarantee the integrity, traceability and availability of evidence.

This new regulatory environment drives a natural evolution in the sector:

From a process-oriented digitization
→ focused on operational efficiency

Toa compliance-oriented digitization
→ focused on evidence, legal certainty and trust

This is where technologies such as electronic signatures, time-stamping, communication certification and evidence custody become key elements, not only to comply with regulations, but also to reduce risks and strengthen the relationship with the client.

While RD 88/2026 poses significant challenges, it also opens up a clear opportunity: to differentiate through transparency, trust and excellence in customer management.

Marketers that take a proactive approach will not only minimize regulatory risks, but will be able to transform compliance into a tangible competitive advantage.

At MailComms Group we help companies in the energy sector to make this leap, combining certified digital communications, customer communications management (CCM) solutions and trust services that guarantee full traceability of every interaction.

Because in the new regulatory framework, every communication counts…
and each one must be demonstrable.