Parliament: The draft law on consumer protection has been submitted

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The draft law of the Ministry of Development and Investment has been submitted to the Parliament regarding the alignment of our legislation with the European law on consumer rights and their protection, especially in their digital transactions, while additional obligations are imposed on the online markets (platforms).

This is the draft law “Adaptation of Greek legislation to Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13 / EEC and Directives 98/6 / EC, 2005/29 / EC and 2011/83 / EU of the European Parliament and of the Council as regards better enforcement and modernization of Union rules on consumer protection and other provisions “.

As stated in the explanatory memorandum, the aim is to ensure that the relationship between consumers and businesses is fair and transparent and, inter alia, provides:

– The framework of the imposed sanctions (fine) on traders in case of non-compliance with their obligations regarding discounts, offers and illegal operation on Sundays is tightened.

– A commercial practice is considered to be misleading, when it may lead the average consumer to make a transaction decision which he would not otherwise have taken and the practice includes, in addition to all, any commercial promotion of a good as identical to a good traded in other Member States. of the European Union, while the goods in question have a clearly different composition or characteristics, unless justified by legitimate and objective factors.

– The consumer is given the opportunity, in cases of unfair commercial practices, to request a price reduction or to terminate the contract.

New definitions of digital service, online marketplace, online marketplace provider, compatibility, capabilities and interoperability are introduced.

The rules on information requirements for distance and off-premises contracts are amended.

– Special information obligations are introduced for the supplier for contracts concluded in online markets, regarding the information of the consumer.

– The extension of the current 14-day withdrawal period to a 30-day withdrawal period is foreseen, for contracts concluded in the framework of unscheduled visits by the supplier to the consumer’s home or excursions organized by a supplier with the aim or result of promoting or selling products to consumers.

– The obligations of the supplier and the consumer in case of withdrawal of the latter from the distance or out-of-store contracts are defined.

Exceptions are made to the consumer’s right of withdrawal from the above contracts.

– The framework of administrative sanctions imposed in case of infringements related to consumer protection is redefined, by increasing the amount of fines imposed, etc.

Also, various issues related to the protection of the minor consumer are regulated (issuance of a Code of Conduct and imposition of sanctions on companies in case of violation of the Code of Conduct, appointment of bodies for conducting inspections and imposing sanctions, etc.)

In addition, the licensing bodies for the exercise of the processing activities within the Holy Community of Mount Athos are defined and from now on, the assistance in favor of the secondary trade unions (federations) of the sellers of the popular markets, for their facilitation, becomes mandatory.

Finally, certain responsibilities related to the operation of public markets are transferred to the regions by the municipalities.

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