Email Certification: how to achieve compliance with the new ARERA regulation

• Signing of new contracts outside commercial premises or remotely, such as through telephone or online channels.
• Unilateral changes to contractual terms imposed by providers on consumers.

In both scenarios, providers are now mandated to use a “durable medium” for communications. This requirement ensures that consumers have access to reliable, long-term documentation of their interactions with service providers. The initiative underscores ARERA’s commitment to fostering fairness, transparency, and accountability in the energy and gas markets.

What is a Durable Medium and Why is it Important?

A durable medium refers to a communication format that allows information to be stored in a way that is accessible and unaltered over time. This medium plays a pivotal role in ensuring consumer protection by enabling:

• Secure and Accessible Storage: Consumers can retain important contractual and regulatory information without risk of loss or unauthorized alterations.
• Transparency in Communications: Providers and customers benefit from clear, consistent, and traceable communication processes.
• Dispute Resolution: Durable media provide legally valid evidence that communications were delivered and received, along with verifiable timestamps.

Examples of durable media include certified emails, signed documents in PDF format, or other forms of communication that ensure the information’s integrity and accessibility over time.

Key Obligations for Providers

1. Communication of Contract Terms

Providers must deliver all contractual information in a format that complies with the durable medium requirement. This includes details about:

• Tariff structures and pricing.
• Duration of the contract and renewal terms.
• Methods for terminating contracts.

2. Handling Unilateral Contract Changes

When providers make unilateral changes to existing contracts, they are required to:

• Notify consumers well in advance of the changes taking effect.
• Use a durable medium to ensure the communication is verifiable and legally compliant.
• Provide clear reasons for the changes and their implications for the consumer.

3. Documenting Consumer Consent

For contracts signed outside of commercial premises or remotely, providers must ensure that consumer consent is documented and stored using a durable medium. This ensures both parties have access to indisputable evidence of the agreement.

The Role of TrueMessage in Supporting Compliance

TrueScreen, a leader in communication certification technologies, offers TrueMessage, a comprehensive solution designed to help energy and gas providers meet ARERA’s stringent requirements. TrueMessage simplifies the process of delivering certified communications and ensures compliance with the durable medium standards.

Benefits of TrueMessage

• Certified Delivery: TrueMessage ensures that all messages are delivered with verifiable certification, addressing one of the core requirements of ARERA’s resolution.
• Security and Traceability: By employing a patented forensic methodology, TrueMessage guarantees secure transmission and traceable communication records. This includes qualified timestamping to validate delivery and content protection.
• Legal Validity: TrueMessage provides legally valid evidence of message delivery, content integrity, and compliance with ARERA’s regulations.
• Seamless Integration: Designed for ease of use, TrueMessage integrates effortlessly into existing business workflows without requiring significant technological overhauls or investments.
• Enhanced Consumer Trust: Transparent and secure communication strengthens consumer confidence, positioning providers as trustworthy and reliable partners.