The Notice also aims at increasing awareness of the Directive amongst all interested parties, such as consumers, businesses, the authorities of the Member States, including national courts and legal practitioners, across the EU. It builds upon and replaces the 2016 version of the Guidance ( 2). The purpose of this Guidance Notice (hereinafter referred to as ‘Notice’) is to facilitate the proper application of the Directive. It applies to all commercial practices that occur before, during and after a business-to-consumer transaction has taken place.
Issues relevant in particular to travel booking websitesįinancial services and immovable propertyĭirective 2005/29/EC of the European Parliament and of the Council ( 1) on unfair business-to-consumer commercial practices in the internal market (‘the UCPD’) constitutes the overarching piece of EU legislation regulating unfair commercial practices in business-to-consumer transactions. Issues relevant in particular to car rental Issues relevant in particular to air transport Intermediation of consumer contracts with third parties Online platforms and their commercial practices Interplay with other EU legislation on environmental claimsĪpplication of Article 6 of the UCPD to environmental claimsĪpplication of Article 7 of the UCPD to environmental claimsĪpplication of Article 12 of the UCPD to environmental claimsĪpplication of Annex I to environmental claims Persistent marketing by a remote tool – No 26ĪPPLICATION OF THE UCPD TO SPECIFIC FIELDS Reselling events tickets acquired by automated means – No 23a
Products which cure illnesses, dysfunctions and malformations – No 17 Products which cannot legally be sold – No 9 Material information in invitations to purchase – Article 7(4)Īrticles 8 and 9 - aggressive commercial practicesīLACK LIST OF COMMERCIAL PRACTICES (ANNEX I)
The factual context and limits of the communication medium used Material information provided in an unclear manner Hidden marketing/failure to identify commercial intent The functioning of the UCPD – Directive flowchartĪfter-sales practices, including debt collection activities The relationship between the UCPD and self-regulationĪpplication of the UCPD to traders established in third countries Interplay with the Platform-to-Business Regulation Interplay with the EU Charter of fundamental rights Interplay with Articles 101-102 TFEU (EU competition rules) Interplay with the General Data Protection Regulation and the e-Privacy Directive Interplay with the Audiovisual Media Services Directive Interplay with the Misleading and Comparative Advertising Directive
Interplay with the Price Indication Directive Interplay with the Unfair Contract Terms Directive Interplay with the Consumer Rights Directive Information established by other EU law as ‘material’ information Interplay between the Directive and other EU law National legislation concerning commercial practices but protecting interests other than consumers’ economic interestsĬommercial practices which relate to a business-to-business transaction or which harm only competitors’ economic interests Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market
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