Decree-Law No. 84/2021 introduces new warranty periods, new consumer rights for the purchase of movable and immovable goods, and specific rules for digital content and services.
2022/01/02
Legislative Changes
Decree-Law No. 84/2021 of October 18 entered into force on January 1, 2022, revoking the previous Decree-Law No. 67/2003. This legislation transposes EU Directives 2019/771 and 2019/770, strengthening consumer protection in the Digital Single Market.
Key Updates
- Movable goods: The warranty period for new goods is extended from 2 to 3 years. For used goods, the warranty may be reduced to 18 months.
- Immovable goods: For structural defects, the warranty period is now 10 years (previously 5).
- Digital content and services: Professionals must ensure that all necessary updates are communicated and supplied. Conformity is guaranteed by the professional for 2 years.
- Hierarchy of remedies: In the event of non-conformity, the consumer must first request repair or replacement. Price reduction or termination of the contract are secondary options where repair or replacement is impossible.
- Online marketplaces: Platforms may be held jointly liable for non-conformity if they exercise “predominant influence” over the contract.
Compliance and Enforcement
ASAE (for goods and digital services) and IMPIC (for real estate) are responsible for supervision and enforcement.
Duarte Marques Mano | [email protected]