The National Commission on Markets and Competition (CNMC) published its report IS/DE/020/23 on May 14, 2025, titled “Supervisory Report on Consumer Consent in Energy Supplier Switching.” This report highlights the need to apply uniform and strict criteria to ensure that consumers give informed and explicit consent when switching electricity and gas suppliers, emphasizing the importance of reliable documentation in this process.
The report stresses that energy suppliers must follow homogeneous and strict criteria, regardless of the contracting channel used, to ensure that consumer consent is informed and properly documented. The CNMC points out that this process must be transparent and verifiable, allowing consumers to make decisions based on clear and detailed information.
One of the key points of the report is the recommendation to send a separate summary of the contract before finalizing the supplier switch, with the aim that the consumer clearly understands the contract conditions and that it is indeed a supplier change. The report underlines that this summary must be delivered before signing, ensuring that the consent is documented in a verifiable way.
In addition, the report emphasizes the verification of the consumer’s identity, recommending that it be carried out by obtaining official documents such as a national ID, passport, or driver’s license. It is also proposed to request a previous bill or a document from the distributor linking the CUPS code and the supply address. These measures aim to avoid errors in ownership and ensure that the switch is carried out correctly.
The report also mentions the need to ensure that the right to the social tariff is not affected in the process. Suppliers must ask the consumer whether they receive this benefit and, if so, act in accordance with Royal Decree 897/2017 to ensure that the supplier switch does not harm their rights.
Another highlighted aspect of the report is the need to certify, in cases of customer transfers or assignments, the sending of a notification to the consumer clearly explaining the consequences of such an operation. This communication must be carried out in accordance with the rights recognized in the applicable sectoral regulations.
Likewise, the report analyses the management of authorizations granted by the consumer to third parties for handling matters related to the supply point. These authorizations must clearly specify their implications, including whether they involve a change of supplier, and indicate who will be billed and under what conditions. Furthermore, they must allow the consumer to regain control over the supply management at any time, and must not be tied to other contracts such as, for example, a housing rental agreement, in order to avoid undue restrictions on their right to choose a supplier.
Another key point is the retention of documentation that proves consumer consent, including the contract summary and identity verification. This documentation must be kept for at least five years, allowing it to be reviewed if necessary. Additionally, it is recommended that suppliers record all commercial calls from the first contact to ensure that consent is informed and verifiable, especially in the case of telephone contracting, which is a predominant channel in this sector.
Regarding contract validation, the report emphasizes that suppliers must ensure that no contracts are rejected due to documentation errors or missing requirements. The CNMC recommends that companies implement effective validation procedures to ensure that all documentation is complete and correct.
In parallel, the report includes regulatory proposals aimed at improving the oversight of commercial practices by agents and various channels. The CNMC recommends carrying out periodic quality audits, including the review of recorded commercial calls, satisfaction surveys, and the use of mystery shoppers. These audits will allow deviations to be detected and problems in the sales process to be corrected. In addition, the CNMC suggests that suppliers measure quality indicators such as complaints, cancellations, and early terminations, and that maximum tolerance thresholds be established with clear contractual consequences with the channels, to ensure high quality standards. The CNMC also points to the need for effective internal supervision within suppliers, stating that contractual clauses prohibiting misleading practices are not sufficient. Companies must have internal protocols that allow them to detect and correct any deviation in commercial conduct.
Finally, the report highlights the importance of suppliers being proactive in managing incidents of non-payment and in evaluating consumer profiles, to prevent defective contracts that could lead to later issues such as non-payments or early contract cancellations.