Unit B 2 Consumer contract and marketing law

Unit B 2 – Consumer contract and marketing law Directorate-General for Health & Consumers Distance and off-premises contracts in the Proposal for a Directive on Consumer Rights Eric Sitbon B 2 – Consumer contract and marketing law Health and Consumers Directorate General, European Commission

Unit B 2 – Consumer contract and marketing law The causes and effects of fragmentation The minimum harmonisation clauses in the Distance and Doorstep Selling Directives have caused fragmentation: examples of diverging national laws on the right of withdrawal. Is it rational? A regulatory framework, which is not well coordinated and is outdated: new market developments (e. g. e-commerce, mobile phone commerce; home parties)

The solution to the legal fragmentation: full targeted harmonisation Full harmonisation of the information and withdrawal rights in distance and off-premises contracts to boost crossborder shopping in these areas where there is a high potential for growth.

Unit B 2 – Consumer contract and marketing law Examples of cases subject to full targeted harmonisation What are the key aspects which are fully harmonised? Ø Example of a Belgian consumer buying a camera on a UK website Ø Example of a UK consumer buying from a German distance seller via an online platform ( « buy now » option). Ø Example of an Austrian consumer buying kitchen utensils from a German direct seller

Unit B 2 – Consumer contract and marketing law Extension of consumer protection to many more distance and offpremises contracts Consumers will be protected in more contracts negotiated away from business premises: e. g. renovation works on real estate property, contracts concluded in streets, contracts following solicited visits and low value contracts; Consumers will always be protected when buying at a distance regardless of the existence of an organised scheme (occasional distance sellers will now be covered)

Conclusion on the level of consumer protection Extension of the consumer protection to many more distance and off-premises contracts has a much more significant impact than the technical details of the withdrawal rules; Other technical improvements (e. g. longer withdrawal period and no cost borne by consumers for services performed during the withdrawal period).

Unit B 2 – Consumer contract and marketing law Thank you for your attention Eric Sitbon B 2 – Consumer contract and marketing law Health and Consumers Directorate General, European Commission