On 9 January 2025, the National Commission on Markets and Competition (CNMC) published the “Supervisory Report on the Sales Forces of Electricity and Gas Retailers” (Case No. IS/DE/034/24) (hereinafter, the “Report”). The Report provides an in-depth analysis of the mechanisms that retailers are using to supervise their sales forces, especially external collaborators.
The CNMC recalls that retailers are responsible for the commercial practices carried out by their sales agents, regardless of whether they are external or internal. Consequently, it considers diligent supervision of such agents necessary, along with the implementation of effective mechanisms to prevent abusive or misleading practices.
One of the most relevant aspects of the Report is the establishment of objective parameters to assess the quality of commercial partners. The presence of any of these parameters may constitute a direct indicator of potential non-compliance with quality and legal standards. In particular, the CNMC Report mentions the following parameters:
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Customer complaints: whether submitted by customers themselves or by public bodies or consumer associations. A high volume of complaints may indicate widespread dissatisfaction or potential breaches of current regulations.
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Withdrawal rate: the number of contract cancellations within the legal period of 14 days after signing, in accordance with the applicable regulations.
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Early terminations of contracts: cancellations that occur before the agreed expiration date of the contract, which may reflect dissatisfaction or defective contracting.
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Incidence of non-payments: may reveal poor qualification in customer acquisition, especially if an adequate assessment of the customer’s profile has not been carried out.
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Unvalidated or rejected contracts: either due to documentation errors or failure to meet the minimum required conditions.
According to the CNMC, these indicators should be quantified, maximum tolerance thresholds should be established, and clear contractual consequences should be linked to them. The objective is not only corrective, but also preventive and educational, allowing the identification of risk patterns before they materialise into harm for consumers.
In addition, the CNMC recommends the performance of quality audits as a complementary tool to supervise commercial activity. These audits may include periodic reviews of the sales process — whether in person, by phone, or digital — through analysis of recordings, satisfaction surveys, document reviews, or the use of mystery shoppers. Although not a parameter in themselves, these audits are essential for detecting and correcting possible deviations in the performance of commercial agents.
In parallel, the Report highlights the need for supervision that is real and not merely formal. According to the Report, it is not enough to include contractual clauses that prohibit misleading practices; it is essential to implement effective internal protocols that detect and correct behavioural deviations within the commercial network.
In fact, one of the main weaknesses identified in the supervision of commercial agents is the lack of traceability in contracts concluded by telephone, a predominant channel for many retailers. The CNMC reiterates its regulatory proposal to require full recording of all commercial calls — from the first contact — as the only valid means to prove the consumer’s informed consent.
In conclusion, the Report positions the objective and continuous evaluation of commercial partners as an essential tool to ensure transparency and integrity in the customer acquisition process. Strengthening these systems not only reduces regulatory and reputational risks for companies, but also helps consolidate a fairer, more professional, and consumer-rights-aligned model of commercialisation in the energy sector.