Brussels, 14/01/2016 (Agence Europe) - MEPs are not totally against different Community rules with regard to e-commerce and purchases made off-line. They explained why to the Commissioner for Justice, Consumers and Gender Equality, Vera Jourova, on Thursday 14 January.
The Commissioner was attending the European Parliament to present draft directives on the provision of digital content and online sales of tangible products and addressed MEPs at the Internal Market and Consumer Protection Committee (see EUROPE 11449). It should be pointed out that the proposal on digital content introduces a range of changes that mainly focus on the liability of providers in the event of a fault being detected, the need for proof subsequently being changed, the right to terminate a contract and the use of personal data. It stipulates, for example, that in the event of the consumer obtaining digital content in exchange for their personal data, the provider stops using the data once the contract has been terminated. The proposal on tangible products sold online extends the need for proof to 2 years, instead of the current 6 months. These proposals are based on “total targeted harmonisation” and complete the directive on consumer rights (2011/83/EU).
In her preamble, Commissioner Jourova said “I am confident that the Commission has struck the right balance”. MEPs, however, appear less convinced: a large majority (mainly from the EPP, S & D and the ECR) indicated that these new rules might create confusion. The Commissioner, however, said “In the past we attempted complete harmonisation of online sales and this was a failure. I want to avoid this scenario”. She added “I am listening to your message… We will attempt to connect the two proposals in the 'quality control' field in an effort to obtain harmonised rules”.
Several MEPs also highlighted the risk of watering down the rules in countries where the most protection is provided. The President of the IMCO Committee, Vicky Ford (ECR, United Kingdom), highlighted the lack of support from consumer bodies regarding tangible goods. The Commissioner explained “we cannot put the reference bar too high, even if we have to reduce the current standards in force”. She affirmed that the Commission would launch three studies as part of its quality control, in an effort to establish what should be amended in the Community acquis.
Other more specific questions, particularly on the relationship with Rome I, cloud computing contracts and the expiry period for digital goods, did not, however, obtain any answers. (Original version in French by Sophie Petitjean)