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Peru: Law simplifying the process to temporarily suspend, cancel or terminate public services contracts has been published

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In brief

On 18 May 2024, Law No. 32032 was published. It amends Article 66, which regulates the guarantees of protection for public services users established in Law No. 29571 (Code of Consumer Protection and Defense), incorporating subparagraph 66.10. The purpose of Law No. 32032 is to facilitate and simplify the procedure through which consumers may request the temporary suspension, temporary cancellation or cancellation of water, electricity and other public services. 

This amendment establishes additional duties for public services providers, including the following: 

  • Providers of these services must provide consumers with communication channels such as through web pages, official applications and telephone lines to request the temporary suspension, temporary cancellation or cancellation of the service.
  • Access to these applications should be located in the home menu of the respective web pages, official applications and telephone lines, so that they can be easily accessed.
  • Requests submitted by users should be dealt with promptly. Regulatory bodies will establish the conditions for these requests based on the principle of simplicity.
  • In the case of electricity and natural gas services, these requests may only be made by the owner of the property, holder of the supply or user of the installed service, as long as they are accredited.
  • Likewise, users may request information on rates, reconnection costs, the established service terms and the conditions for terminating or cancelling the service through these channels.

We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

Spanish version

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Teresa Tovar leads the Antitrust and Competition, Compliance and TMT groups in the Firm's Lima office, where she has been partner since 2007. She is also currently a member of Baker McKenzie's Latin America Antitrust and Compliance Steering Committees.

Author

Crosbby is a senior associate and has more than nine years of experience in competition law, advertising and regulation, both in the private and public sectors, which allows having a holistic view of the difficulties of our clients. He has participated in the most important investigations and procedures in competition law in Peru. Different law firm rankings have highlighted his work in the field of competition law and telecommunications, due to his deep knowledge in the subjects. Crosbby also has knowledge in microeconomics, which allows him to have a multidisciplinary approach in competition law that is an advantage for our clients. He also has solid technical knowledge in the field of telecommunications. Crosbby is in charge of legal counselling in competition matters, advertising regulation, consumer protection, telecommunications and data protection. In the same way, he is in charge of the defense of our clients in different proceedings before INDECOPI and OSIPTEL.

Author

Viviana is a senior associate and has extensive experience in competition law, with experience in advising companies on matters related with the application of the antitrust law, unfair competition law, and consumer protection law. Viviana has participated in several administrative procedures before the Free Competition Commission, the Unfair Competition Commission, the Consumer Protection Commission, and the Elimination of Bureaucratic Barriers Commission and before the Competition Court of the National Institute of Competition Defense and Protection of Industrial Property (INDECOPI). Viviana also has experience in data privacy matters, having advised several companies on their implementation to such legal framework.

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