The European Commission wants to give more rights to consumers and boost
cross-border trading by overhauling existing consumer protection legislation.
The
proposed
Consumer Rights Directive would include rights such as giving consumers a
longer cooling-off period if they buy online or by mail order, new rules
prohibiting retailers’ hidden charges and a blacklist of unfair terms and
conditions.
The new rules would replace four laws in total, including the Unfair Contract
Terms Directive, the Distance Selling Directive and the Sales and Guarantees
Directive. In the UK, these directives are enforced under the Unfair Terms and
Conditions of Contract, the Distance Selling Regulations and the Sale and Supply
of Goods to Consumers Regulations 2002 and its relevant and related legislation
(eg the Sale of Goods Act) respectively.
Meglena Kuneva, the European Consumer Commissioner, said: “The new rules will
significantly strengthen consumer protection across the EU and guarantee equal
protection for consumers wherever and however they shop – online or in the high
street. It is the most far-reaching overhaul of consumer rights in 30 years."
For distance sales, such as online sales, consumers will be entitled to an
EU-wide cooling-off period of 14 calendar days during which they can change
their minds about a contract they have signed. Retailers will have 30 calendar
days in which to deliver products, according to the new rules, and the seller
will bear all the risks inherent in sending a product.
If delivery does not happen or is late the consumer is entitled to a refund
within seven days. Hidden charges will be illegal and retailers will have to
provide clear information on prices and all charges before any purchase is made.
Unfair terms that appear in consumer contracts will be invalid. This includes
pre-ticked options – for example, for travel insurance, priority boarding and
baggage.
However, many of the rules proposed in the new directive do not actually
appear to enhance UK statutory consumer law. For example, currently in the UK
the cooling-off period given under the Distance Selling Regulations is seven
working days, starting from the day after delivery.
This can easily add up to more than 14 days and the consumer does not have to
return the goods within a specified time.
However, not all EU member states have such consumer-friendly legislation. Ms
Kuneva said new rules would establish the kind of consistent system which is
necessary if cross-border trade is expected to flourish.
The European Commission also claimed that some retailers could cut compliance
costs by 97 per cent by having a standard set of consumer contract terms across
the EU's 27 countries.
The
Department for Business, Enterprise and Regulatory Reform (Berr) will be
consulting on the new rules. It said it would consult consumers and businesses
to ensure new proposals didn't dilute the strong protection already enjoyed by
UK consumers. It also expressed disappointment that the Commission had not
chosen to create simpler rules covering services as well as goods.
"This proposal is a good start and we will consult carefully on its
implications for consumers and business. Our domestic Consumer Law Review is
looking at how to improve the consumer framework across the full range of goods,
services and new products such as digital downloads,” a representative said.
Before becoming a ratified directive, the proposals must be agreed by the
European Parliament and by governments through the Council of Ministers.
Comments
Have your say on this article