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Résumé :
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Digital transformation has increased consumer choice in the telecommunication/ICT sector, but it has also amplified complexity, information asymmetries and behavioural vulnerabilities. Traditional assumptions of fully rational consumers are increasingly inconsistent with the decision-making environment in telecommunications and ICT services, characterised by bundled offers, dynamic pricing, data-driven targeting and digital-first interactions.
This contribution examines how behavioural insights can strengthen consumer protection frameworks by acknowledging cognitive biases, bounded rationality and framing effects in consumer decision-making. It argues that transparency obligations, comparison, billing and quality-of-service information, or other mechanisms for end-users, must be designed in a way that reflects how consumers actually process information and make decisions.
Drawing from European regulatory developments and the Portuguese experience, including the decision of the National Regulatory Authority on the practice of automatically activating additional communications allowances without the prior request or consent of the end-user, it is proposed to establish how behavioural approaches can enhance consumer empowerment without restricting market innovation and freedom of offer.
Embedding behavioural insights in regulatory design contributes to more effective, proportionate and consumer-centric interventions, supporting inclusive digital transformation and better market functioning.
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