Plans to harmonise consumer statutory law across EU

EC proposes overhaul of statutory consumer law

Regulations would guarantee rights for consumers

Written by Dinah Greek, Computeractive

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.

Advertisement

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.

Tags:

Reader comments

More from Computeractive

News

The latest home computing news

Downloads

The best PC tools, applications and more

Reviews

Independent opinions on new hardware and software

Step-by-step guides

Easy-to-follow projects with pictures

PC Help

Solve PC problems with our Q&A

Videos

PC projects demonstrated and product reviews

Articles

An in-depth look at how to get the best from your PC

Magazine

What's coming up in Computeractive

Forums

Get help with your PC problems from our readers

Competitions

Your chance to win computing prizes

Shopping

Great deals on products, services and more

Computeractive Back Issue CD-Rom 12
All 26 issues of Computeractive from 2009 on one CD-Rom.

Ultimate Guide to Free Computing
Find out how you can get free software, services and more!

Learn to use Windows 7
Learn to use Windows 7
Everything you need to know about using Windows 7!

Computeractive - Issue 280Computeractive Back Issues
Missed an issue? Click here to find a back issue

Blogs

Windows Watch

Windows Watch

Keeping an eye on the latest XP and Vista news

Norton Smartphone Security for Android: First Photos

Exclusive first photos of Symantec's Smartphone Security for Android, taken at Symantec's headquarters. Story here .

Download Junkie

Download Junkie

Your daily dose of download discussion

Schedule & plan a project with Task Coach

There's a huge array of software available to us all, whether it's a freeware tool to perform a basic task, or a...

Advertisement

Free email newsletters

Techno babble demystified...

[Display all definitions]

Or type in any computer-related word and click "Go"

Advertisement

Computeractive is not reponsible for content of Google adverts

Primary Navigation

© Incisive Media Investments Limited 2010, Published by Incisive Financial Publishing Limited, Haymarket House, 28-29 Haymarket, London SW1Y 4RX, are companies registered in England and Wales with company registration numbers 04252091 & 04252093

Search computeractive.co.uk
opfine.com - markets sentiment analysis