Strengthening EU consumer rights

 

SUMMARY OF:

Directive 2011/83/EU on consumer rights

Directive (EU) 2019/2161 amending Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU as regards the better enforcement and modernisation of EU consumer protection rules

WHAT IS THE AIM OF THE DIRECTIVES?

Directive 2011/83/EU seeks to:

The directive replaced the distance selling directive (97/7/EC) and the doorstep selling directive (85/577/EEC).

Directive (EU) 2019/2161 on better enforcement and modernisation of EU consumer protection rules amends Directive 2011/83/EU. The amendments increase protection for EU consumers in several areas such as purchases through online marketplaces, transparency of price personalisation* and ranking of online offers and consumer rights when using ‘free’ online services.

KEY POINTS

Scope

Information obligations

Right of withdrawal

No unjustified payment costs or additional charges

Penalties

FROM WHEN DO THE DIRECTIVES APPLY?

Directive 2011/83/EU has applied since 12 December 2011 and had to become law in the EU countries by 13 December 2013. It applies to contracts concluded after 13 June 2014.

Amending Directive (EU) 2019/2161 has to become law in the EU countries by 28 November 2021 and applies from 28 May 2022.

BACKGROUND

For more information, see:

KEY TERMS

Price personalisation: where a seller/service provider can set prices that are personalised to different customers. This is increasingly being made possible with the development of big data and analytics, and is a form of price discrimination (where a seller can sell an identical product at different prices to different segments of the market). Personalised pricing occurs when firms set different prices for individual consumers, or individually tailor products given consumers’ preferences.
Sales contract: any contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, including any contract having as its object both goods and services.
Service contract: any contract other than a sales contract under which the trader supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof.
Digital service:
Digital content: data which are produced and supplied in digital form.
Personal data: any information that relates to an identified or identifiable person.
Online marketplace: a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers.
Goods:

MAIN DOCUMENTS

Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, pp. 64-88)

Successive amendments to Directive 2011/83/EU have been incorporated into the original text. This consolidated version is of documentary value only.

Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, pp. 7-28)

RELATED DOCUMENTS

Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, pp. 28-50)

Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, pp. 1-27)

Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee — A New Deal for Consumers (COM(2018) 183 final, 11.4.2018)

Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, pp. 1-26)

See consolidated version.

Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) (OJ L 26, 2.2.2016, pp. 19-59)

See consolidated version.

Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, pp. 1-33)

Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, pp. 66-92)

See consolidated version.

last update 21.02.2020