A ANEEL (National Electric Energy Agency) approved on Tuesday (27) the new rules to simplify the migration of consumers to the free energy market.
The decision establishes Open Energy, reduces the migration period, and sets measures to increase competition among energy suppliers. Initially, the changes cover consumers served at medium and high voltage.
The regulation of opening the market to low voltage will be discussed in a specific process within the 2026-2027 Regulatory Agenda.
Open Energy will allow consumers to access their consumption, billing, and metering data in a standardized way and authorize the sharing of this information with institutions of their choice.
The service will be free and must comply with the LGPD (Brazilian General Data Protection Law). Consumers will be able to define with whom and for how long they will share their data, revoke authorization, and see which institutions have had access to their information.
Within 12 months of the publication of the standard, a page about Open Energy, standardized access to data, and a platform for comparing products and prices should be available.
The tool will be made available by CCEE (Chamber of Electric Energy Commercialization), accessible through their website. ANEEL.
Data sharing through standardized technological interfaces, known as APIs, should be implemented within 24 months, always with prior consent.
The initiative aims to reduce the information asymmetry between consumers and suppliers, facilitate the comparison of offers, and enable switching between suppliers.
Under the new rules, consumers can begin migrating to the ACL (Free Contracting Environment) by formally notifying the distributor, without having to terminate their energy purchase contract in the regulated market beforehand.
In the simplified model, the process can also begin with the signing of a contract with a retail marketer, responsible for notifying the distributor through the CCEE system. The contract in the regulated environment will only be terminated after the migration is complete, reducing the risk of the consumer being left without contractual coverage in case of delay.
The regular timeframe will be reduced from 180 to 90 days for units in subgroups AS and A4 that fall under the simplified model. For the others, the 180-day period will be maintained. Distributors may adopt shorter timeframes, provided they apply the same treatment to migrations covered within the previously defined period.
Companies within the same group
A ANEEL It will allow distributors and marketers within the same economic group to maintain similar brands or logos, but will require clear information about each company's operations.
In these cases, the trading company must inform that the companies are distinct legal entities and that their prices are not regulated by [the relevant authority]. ANEEL and that the consumer can contract with any competitor without altering network services. Visual identifiers such as "Distribution" and "Commercialization" will also be required.
The rule prohibits joint advertising and the use of the distributor's institutional image to promote the affiliated trading company. The distributor will also not be able to publicize offers, links, or prominent mentions of the affiliated company on its institutional channels.
The resolution also prohibits the sharing of infrastructure and human resources between distributors and marketers within the same group, including other agents operating in retail. The separation encompasses professionals, facilities, and physical and digital service channels.
The requirements regarding branding and communication will have a 180-day implementation period. The ban on new sharing agreements will take effect upon publication of the regulation. Sharing agreements already duly authorized will remain in force until their termination.
The measures result from Public Consultation No. 7/2025, which received 1.515 contributions from 71 participants. Approximately 60% were accepted or partially accepted.
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