10 main changes in Consumer Legislation

main changes

in consumer legislation

New consumer legislation is entering into force. Learn about the main changes and how the existing rules apply to recent and new online practices to make sure you are fair and transparent towards your customers.

Price reduction claims

When offering a discounted price, you must inform the consumers of the ‘prior’ price, i.e. the lowest price you applied within at least the past 30 days.

Personalised pricing

If you personalise prices offered to consumers based on automated processing of their data (profiling), you are required to inform the consumers about such personalisation when offering the price.

Redress for victims of unfair practices

Steer away from unfair business-to-consumer commercial practices to avoid facing the consequences. Consumers have a legal right to redress (e.g. compensation, contract cancellation) if such practices harm them.

Transparency in online marketplaces

Are you running an online marketplace or selling products on an online marketplace? There is now a specific obligation to disclose the seller’s professional identity to consumers on online marketplaces.

Ranking of search results

If you provide consumers with the possibility to search for the offers from different suppliers, you should be transparent about the criteria used for ranking the offers provided in response to the consumers’ online searches.

Consumer reviews

If you collect and give access to consumer reviews on your online interface, be transparent about how you ensure that these reviews come from actual customers who purchased or used the product or service. Treat all reviews received fairly and equally, including the negative ones. Do not post and do not engage others to post fake consumer reviews to promote your products!

Digital services and content

You must treat your consumers fairly also when you provide digital content or digital services without charging consumers money for it. Furthermore, from now on, when you provide such digital content or digital services and use the consumer’s personal data for commercial purposes, you have to fulfil certain requirements that previously applied only to contracts involving a payment of money.

Ads by influencers

Influencers and companies working with influencers are required to clearly declare the presence of any commercial element in an influencer’s content or practice. This rule applies even if there was no monetary payment or a contract between the influencer and the company. The failure to do this could be considered misleading and a form of hidden marketing.

Dark patterns

Fake timers and limited stock claims. Trick questions and manipulations through pre-ticked boxes. Misleading free trials leading to subscription traps. These are all examples of so-called ‘dark patterns’, which are tricks to make consumers take decisions that they would otherwise not have made. And they should never be used.

Ads and paid content in games

If you use ads or any type of paid content in online games or on gaming platforms, you need to be transparent about this with your customers. Maximum clarity and transparency are needed. Furthermore, you should be careful to avoid using addiction-inducing features or gambling elements, which can pose problems for vulnerable consumers, such as children.