Consumer protection in the EU is expected to take a leap forward with the formal adoption on Friday 8 November of the Directive which modernises EU consumer law to strengthen their online and offline rights and better protect them against unfair commercial practices across the EU.
This text was the subject of an interinstitutional agreement last March in the context of the ‘New Deal for Consumers’ (see EUROPE 12225/10).
It provides for an increase in the harmonised maximum penalties that authorities may impose on companies in the event of cross-border infringements; greater transparency of online transactions with regard to the use of online assessments, personalised pricing based on algorithms or the ranking of offers; consumer protection with regard to ‘free’ digital services, for which consumers do not pay money, but provide personal data; the obligation of online markets to tell the consumer whether the trader responsible for a transaction is the seller and/or the online shop itself; clarifications on how Member States should deal with the misleading marketing of ‘dual function’ products.
This legislation amends Directives 2005/29/EC, 2011/83/EU 93/13/EEC and 98/6/EC. Member States will have 24 months to transpose the Directive into national law. The measures will apply 6 months later. (Original version in French by Aminata Niang)