Approval of the Regulation on the Protection of Consumers of Communications Services in Mozambique

The Council of Ministers has approved Decree No. 73/2025 of 31 December, which adopts the new Regulation on the Protection of Consumers of Communications Services, repealing the previous Decree No. 44/2019 of 22 May. The new Regulation establishes a more robust and up-to-date legal framework for the protection of consumers of postal and telecommunications services in Mozambique, introducing new obligations for operators and strengthening consumers' rights.

The legislation comes against a backdrop of rapid digital transformation and the expansion of telecommunications services, reflecting the need to adapt the legal framework to new requirements regarding transparency, accessibility, personal data protection and the quality of services provided to consumers.

1. Scope and Objectives of the Regulation

   
   

The Regulation applies to postal and telecommunications service providers, as well as to their respective consumers.

Key objectives include improving service quality, protecting consumers’ fundamental rights, promoting digital inclusion, and enhancing oversight and complaint mechanisms.

The legislation also establishes general principles applicable to the sector, including legality, inclusion, transparency, equality, proportionality, quality of services, security, privacy, the protection of personal data, and responsibility.

2. Strengthening Consumer Rights

   
   

The Regulation provides for a comprehensive catalogue of consumer rights, including the right to information, quality of services, privacy, correct billing, compensation and the right to complain.

Consumers are now entitled to receive clear, complete and up-to-date information on prices, promotions, service quality and contractual terms, and such information must be made available in both physical and digital formats.

The right to terminate a contract without penalty is also strengthened in certain circumstances, particularly where the consumer does not agree with contractual changes made by the operator, provided applicable contractual and regulatory conditions are met.

3. Personal Data Protection and Privacy

   
   

The new Regulation introduces specific provisions on the protection of personal data, establishing that consumers’ data must be processed lawfully, transparently and securely, and exclusively for purposes compatible with the contracted services.

Consumers now have the right to access, object to, rectify, update and delete their personal data, subject to any limitations provided for in the applicable legislation.

The processing and sharing of personal data with third parties is subject to the consumer’s prior, free and informed consent, except in cases provided for by law.

4. Obligations of Operators

Operators are obliged to:

a) Provide accessible and efficient customer service channels, including in-person assistance, freephone numbers, email addresses or online forms accessible on the operator's website, and accessible digital platforms.

b) Adopt specific measures to ensure accessibility for people with disabilities, including formats compatible with assistive technologies.

c) Issue clear and detailed invoices containing full information on services provided, rates applied and additional charges.

5. New Rules on Complaints and Compensation

The legislation sets out more detailed rules for handling consumer complaints, such as:

a) Providing a provisional response to complaints within five working days and submitting a final response within a maximum of 15 working days.

b) The right to appeal to the Communications Regulatory Authority whenever they consider the operator’s response to be unsatisfactory.

c) The right to compensation proportionate to the damage suffered in the event of service failures, undue charges or breach of contract.

6. Specific Rules for Telecommunications Services

The Regulation introduces specific measures for telecommunications operators, including the mandatory implementation of the “net control” feature, designed to prevent the use of the main credit balance once the mobile data allowance has been exhausted.

Operators are also now required to inform consumers immediately when their data allowance has been used up and to provide apps that allow them to assess the quality of the service they have contracted.

In the event of late payment, the suspension of the service must be preceded by formal notification to the consumer, with a minimum advance notice of 15 days.

7. Penalty Regime

The Regulation establishes a system of penalties applicable to operators who fail to comply with the obligations set out in the Regulation, providing for the imposition of fines on a sliding scale depending on the nature and severity of the infringement committed.

Among the punishable infringements are failure to meet deadlines for responding to consumer complaints, the absence of adequate customer service and complaints mechanisms, failures to provide mandatory information, non-compliance with accessibility rules, and failure to implement the “net control” functionality.

The fines range from 15 to 1,000 times the minimum wage, depending on the offence committed. The Regulation also provides that, in the event of a repeat offence, the amount of the applicable fines shall be doubled.

Newsletter JLA Aprovação do Regulamento de Protecção do Consumidor de Serviços de Comunica.

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