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EU consumer law: New



                                Deal for Consumers









                         Background            New EU Consumer Protection Rules                                                    for example, to insurance/financial intermediaries when   to bring actions against infringing traders (such as insur-
                                                                                                                                   being  providers of  online  platforms/corporate website   ance intermediaries). Such actions will seek to stop or pre-
                                                                                                                                   offering (ancillary) insurance/financial services.  vent illegal practices (injunction order) or to obtain com-
                    In April 2018, the European   The Directive amending the four existing EU Directives on the protection of                                                          pensation for the harm caused (redress order).
              Commission published a targeted   consumer’s interests was approved by the members of the European Par-
                                               liament in April 2019, following agreement with the Council of the EU. The          Representative Action for the protection of         Key points of the Commission’s proposal and the EP (JURI)
                revision of European consumer
                                               main objective of this reform is to update consumer rights for the internet         collective interests of consumers                   Report are:
             law, composed of two proposals for   age by making the use of online marketplaces more transparent for con-
                                  Directives:  sumers. The amended Price Indication Directive and the Directive on Con-                                                                •   This Directive should cover a variety of areas, includ-
          -           A proposal to amend the   sumer Rights still do not apply to contracts for financial services, including     The Directive on “representative actions for the protection   ing financial services.
                                               insurance contacts. The amended Unfair Commercial Practices Directive               of the collective interests of consumers” in mass harm sit-  •   Representative actions aimed at protecting the col-
          Directive on Unfair Contract Terms, the
                                               (UCPD) and the Unfair Contract Terms Directive apply to financial services          uations is still under examination by the EU co-legislators.   lective interests of consumers can only be brought
            Directive on consumer protection in   insofar as there are no specific provisions in EU financial/insurance sec-       The European Parliament has adopted its official position   by qualified entities (QE), such as consumer organ-
          the Price Indication of products offered   tor legislation regulating unfair commercial practices. Where such sector-    March 2019 and the Council of the EU has adopted its offi-  isations and public bodies designated by Member
                                               specific provisions do exist, they will take precedence over the general UCP        cial position in November 2019. The European Parliamen,   States, which should meet specific eligibility criteria.
           to consumers, the Directive on Unfair
                                               Directive.                                                                          the  Council  and  the  Commission  have  started negotia-  •   The  mandate  of  the  consumers  concerned  is  not
             business-to-consumer Commercial                                                                                       tions with a view to exploring the possibility of an agree-  required for the QEs to seek a court order establish-

                 Practices and the Directive on   Under the new rules, online marketplaces, comparison tools and search            ment for the adoption of the Directive (trilogue stage).  ing the existence of the infringement and stopping/
                            Consumer Rights.   engines (e.g. Amazon, eBay, AirBnb, Skyscanner) will have to disclose to the                                                               prohibiting the illegal practice (injunction order).
                                               end consumers who buy products/services online:                                     The aim of the Directive on “representative actions” is to   •   Member States have the possibility to decide wheth-
          -       A proposal on Representative
                                                                                                                                   put in place an EU-wide enforcement system of Union law   er or not the mandate of the consumers concerned
                Actions for the protection of the   •   The main parameters determining how offers resulting from a search         establishing obligations for the protection of consumers.   is required before QEs seek a redress order (com-

              Collective Interests of consumers   query are ranked, including search results which contain “paid place-            This system will enable the consumers represented col-  pensation, price reduction, contract termination,
                                                  ments” or “paid inclusion”.                                                      lectively by a qualified entity, e.g. consumer association,   etc.).
                  and repealing the Injunctions
                                               •   From whom consumers are buying goods or services, i.e. trader, the
            Directive 2009/22/EC. The proposal    online marketplace or private person.
              extends the scope of this Directive   •   Information about whether and how the trader ensures that the pub-

              to cover infringements of financial   lished  reviews of  products/services originate from consumers who
                                                  have purchased or used the product/service.
             and insurance services legislation,
                including the IDD, MiFID, PRIIPs,   Fines  are introduced  as a  mandatory  element  of  penalties  for  infringe-
                        Solvency II, and GDPR.  ments of national provisions transposing these Directives. Such infringe-
                                               ments now include aggressive or misleading marketing or selling practices
                                               in the context of unsolicited visits to the consumer’s home or excursions.
                                               The maximum fine for such infringements will be at least 4% of the trader’s
                                               annual turnover in the Member State concerned.


                                               It is important to clarify that this Directive governs the relationship between
                                               traders/online platforms and end consumers who buy products and servic-
                                               es online via a platform or a comparison website. This Directive does NOT
                                               apply to the relationship between online platforms/marketplaces/search
                                               engines and  traders who are using such platforms in  their  professional
                                               capacity to reach consumers. Transparency requirements with regard to
                                               the main parameters of ranking for traders-business users of online inter-
                                               mediation services are regulated by the Regulation on “promoting fairness
                                               and transparency for business users of online intermediation services” (see
                                               the article on digitalisation for more information). This Regulation applies,



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