Improving Consumer Protection in the EU

The so-called ‘Omnibus Directive’ ( Directive (EU) 2019/2161) on the enforcement and modernisation of Union consumer protection rules must be applied by all Member States. The Directive amends existing legislation to align EU consumer law with the Commission’s priorities for a green and digital transition. The 4 Directives that are amended by the Omnibus Directive are the Unfair Commercial Practices Directive (UCPD), the Consumer Rights Directive (CRD), the Unfair Contract Terms Directive (UCTD), and the Price Indication Directive (PID).  In December 2021, the European Commission published its updated guidance notices on the implementation of the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Price Indication Directive. These updated notices add to the guidance on the Unfair Contract Terms Directive from 2019. The guidance documents provide additional legal interpretation on, for instance, obligations of online platforms and marketplaces, influencer marketing, consumer reviews, data-driven personalisation, ‘dark patterns’, personalised prices, consumer’s right of withdrawal, and on price reductions and ‘prior’ prices. The notices are aimed to support national lawmakers in the transposition of the revised rules into their respective national laws, as well as to help businesses adapt to the new rules.