Radar - December 2019 – 4 / 8 观点
Considerable progress was made this year on finalising the consumer protection legislation which formed part of the Digital Single Market project.
Two pieces of EU consumer protection legislation were passed in May, the Digital Content and Digital Services Directive, and the Goods Directive. Member States must adopt domestic implementing legislation by 1 July 2021 and must apply that legislation respectively to:
See our Radar article for more information.
In April, we covered the progress on the draft Consumer Enforcement and Modernisation Directive, known as the Omnibus Directive. The Directive achieved final approval in November and is about to be published in the Official Journal. Member States will have two years to bring in implementing legislation, after which there will be a six month period before the legislation comes into effect. If the UK is still an EU Member State by the transposition deadline (in just over two years' time), it will be required to make changes to its consumer protection regime. It may, however, choose to make the changes in order to align with the EU in any event. Either way, businesses selling to EU consumers will need to understand the changes.
Many of the changes made by the Directive mirror provisions which already exist under UK law but there are also some major differences, including the introduction of a new penalties regime, and of new categories of consumer contracts.
The Directive amends four existing consumer protection Directives:
The Directive also:
The Product Safety Regulation 2019 was published in the Official Journal in June. The new Regulation aims to increase enforcement of product safety standards in the single market, to strengthen market surveillance, intensify competition controls and promote cross-border enforcement cooperation. Member States will be required to carry out market checks of products sold online to protect consumer health and safety. It will impact UK manufacturers importing and exporting products to and from the EU.
In June, we reported on a CJEU ruling about whether the customer or the trader is responsible for returning defective goods for repair or replacement. The judgment did not create new law but provided useful guidance on making that assessment on a case by case basis.