UFE’s reply to the public consultation on access to data for switching electricity supplier – requirements

UFE would like to thank the European Commission for the opportunity to share its analysis of the proposed draft regulation aimed at harmonising procedures for accessing the data required to switch electricity supplier within the EU. 

Legislation currently in force in France already meets the requirements set out in this draft regulation. UFE would like to inform the European Commission of the existence of supplier-switching procedures in France that have been validated under the supervision of the French energy regulator and are implemented by electricity suppliers and DSOs. These procedures are already in line with the provisions of the draft regulation submitted for consultation. A change of supplier that does not require the DSO to visit the customer’s site is technically carried out on the date requested by the supplier, and at the earliest on day D of the request. For the new supplier, access to technical data is easy, as is access to customer data where the customer has authorised access. 

UFE requests clarification of the draft Regulation’s wording with respect to the consumer’s statutory withdrawal period, which can extend up to 30 days under certain national provisions. While the switching process should indeed be executable within 24 hours, it must take effect only after the withdrawal period has expired, in order to safeguard consumer rights and ensure process stability. Consumers should, however, retain the option to waive their withdrawal period voluntarily, thereby authorising the new supplier to complete the switch immediately. 

Concerning Article 5(a) – Responsibilities of new electricity supplier – and the verification of the consumer’s identity when requesting a switch of supplier, UFE seeks clarification on what qualifies as authentication factors. Electricity suppliers are able to 1) collect only the personal data strictly necessary to establish the contract, and 2) send the contract or signature slip to one of the consumer’s contact points. However, they have limited resources for identity verification and, in compliance with regulations on the protection of personal data, they do not collect more data than is strictly necessary for the establishment and proper completion of the contract. An imposed obligation to use digital identification/authentication using, for example, eIDAS 2.0 will have a major impact on the elderly and those who are (computer) illiterate. It is important to keep an alternative method for customers unable or unwilling to use a digital channel. 

Concerning Article 5(f), UFE would like to point out that it is possible to obtain a meter reading from the metered data administrator at the start of supply: when the customer is equipped with a communicating meter, the reading is available on D+1. In other cases, for non-communicating meters, the supplier obtains an estimated reading from the customer immediately. If the customer is unable to provide this information, the reading is estimated by the DSO’s information system.