Alternative Dispute Resolution Directive

Injunctions Directive

Consumer Sales& Guarantees Directive

Misleading and Comparative Advertising Directive

Unfair Contract Terms Directive

Unfair Contract Terms Directive

 

Empowering consumers and ensuring a high level of consumer protection are among the key objectives of EU Consumer Policy. An increasing number of harmonised EU laws on issues such as consumer rights, protection from unfair commercial practices, product safety, as well as access to redress, are put in place to ensure that consumers enjoy the same key rights and guarantees, regardless of whether they buy products in their home country or in another Member State.

Seldia and its members are fervent supporters of strong and harmonised consumer rights across the EU, which can boost consumer confidence and encourage businesses to sell cross-border. During the period 2016-2018, Seldia took part in the REFIT stakeholder expert group on the Review of EU consumer law set up by the European Commission, that prepared the EU legislative proposals of the “New Deal for Consumers” published on 11 April 2018.

Moreover, Seldia was an active supporter of the European Commission Consumer Rights Awareness Campaign, which ran between 2014 and 2016, with the aim of improving the knowledge among traders and consumers of EU-wide consumer rights.

Below are some key measures of EU Consumer legislation relevant for the direct selling sector:


Directive on Consumer Rights (2011/83/EC)

The Directive protects the consumers in respect of contracts with traders. It applies to contact made in (a) distance selling (online, by post or telephone); (b) on-premises (shops) and (c) off-premises (e.g. in the consumer’s house). Furthermore, the Directive incudes pre-contractual information requirements for distance and off-premises contracts, and sets out a withdrawal period for consumers of 14 calendar days.


Unfair Commercial Practices Directive (2005/29/EC)

The Unfair Commercial Practices Directive lays down rules to protect consumers from unfair commercial practices and rogue traders. The Directive also aims to promote fair competition in the area of commercial practices.

According to the Directive, traders must ensure that consumers are not misled or exposed to aggressive practices, and that any claim made by traders in the EU is clear, accurate, and substantiated.

In 2015, the European Commission reviewed the Unfair Commercial Practices Directive Guidelines. Seldia was actively involved in this process, with a particular focus on ensuring a comprehensive definition of pyramid schemes in the Annex on blacklisted commercial practices.

Other important EU Consumer laws:

Unfair Contract Terms Directive

Misleading and Comparative Advertising Directive

Consumer Sales& Guarantees Directive

Price Indication Directive

Injunctions Directive

Alternative Dispute Resolution Directive

Consumer Protection Cooperation Regulation

Useful links:

https://ec.europa.eu/info/departments/justice-and-consumers_en

https://ec.europa.eu/info/policies/consumers/consumer-protection_en