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Overview

Jurisdiction: European Union
Topic: Consumer Law
Instrument type: Directive
Reference number: 2011/83/EU
Valid from: 2011-12-12
Valid to: 0101-01-01
Modified date: 2011-10-25
Listed at: 2026-08-06
Withdrawn at: -
Description: The Directive harmonises consumer rights for contracts between consumers and traders, particularly information requirements, distance and off-premises contracts, withdrawal rights, delivery, payment charges and additional payments.

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Sources

Source URL	Crawler	Publish date
https://publications.europa.eu/resource/celex/32011L0083	Schokolade

Logs

	Type	Status	Started at	Finished at
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Rule sets

	Label	Effective
	Other consumer contracts	2014-06-13 — 9999-12-31
	Applies from milestone: Repeal (2014-06-13) Expires at milestone: - No conditions.
	Distance and off-premises contracts	2014-06-13 — 9999-12-31
	Applies from milestone: Repeal (2014-06-13) Expires at milestone: - No conditions.
	Consumer sales contracts	2014-06-13 — 9999-12-31
	Applies from milestone: Repeal (2014-06-13) Expires at milestone: - No conditions.

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title	Kind	Rule set
Pre-contractual information for other consumer contracts	Reporting	-
Description: Before concluding a consumer contract other than a distance or off-premises contract, provide clear and comprehensible information on the main characteristics, company identity, total price, payment and delivery arrangements, contract duration, termination conditions and, where applicable, digital content, guarantees and after-sales services. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Goods and services in contracts between companies and consumers, except areas excluded by Article 3 Checking responsibility: The company and functions responsible for contracting and customer information Check method: Review of pre-contractual communications and contract documents Rule set: - Source reference: Artikel 5 Absatz 1 Source excerpt: Before the consumer is bound by a contract other than a distance or an off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner
Pre-contractual information for distance and off-premises contracts	Reporting	-
Description: Before the consumer is bound by a distance or off-premises contract, provide comprehensive, clear and comprehensible information including price, contact details, withdrawal rights, duration, costs, guarantees and, where applicable, digital functionality and interoperability. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Goods, services, water, gas, electricity, district heating and digital content not supplied on a tangible medium Checking responsibility: The company and responsible sales and legal functions Check method: Review of the completeness and comprehensibility of pre-contractual information Rule set: - Source reference: Artikel 6 Absatz 1 Source excerpt: Before the consumer is bound by a distance or off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner:
Distance-contract confirmation	Record Keeping	-
Description: Provide the consumer with confirmation of the distance contract on a durable medium within a reasonable time, at the latest when the goods are delivered or before performance of the service begins. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Distance contracts for goods, services and digital content Checking responsibility: The company and contract administration Check method: Review of the contract confirmation on a durable medium Rule set: - Source reference: Artikel 8 Absatz 7 Source excerpt: The trader shall provide the consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the performance of the service begins.
Documentation of off-premises contracts	Record Keeping	-
Description: Provide the Article 6(1) information on paper or, with the consumer's agreement, on another durable medium, and provide a copy or confirmation of the signed contract. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Off-premises contracts Checking responsibility: The company and field-sales and contracting functions Check method: Review of the contract documents and medium used Rule set: - Source reference: Artikel 7 Absatz 1 Source excerpt: With respect to off-premises contracts, the trader shall give the information provided for in Article 6(1) to the consumer on paper or, if the consumer agrees, on another durable medium.
Express request for early performance	Record Keeping	-
Description: Before performance begins during the withdrawal period, require the consumer to make an express request on a durable medium. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Services and water, gas, electricity and district heating where performance begins during the withdrawal period Checking responsibility: The company and contract-fulfilment function Check method: Review of the consumer's express request on a durable medium Rule set: - Source reference: Artikel 7 Absatz 3 Source excerpt: the trader shall require that the consumer makes such an express request on a durable medium.
Ordering process involving payment	Governance	-
Description: Immediately before the order, display the key contract information clearly and prominently and ensure that the consumer explicitly acknowledges the obligation to pay; the button must clearly indicate the payment obligation. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Distance contracts concluded electronically involving an obligation to pay Checking responsibility: The company and e-commerce platform operator Check method: Review of the ordering interface, payment notices and button labelling Rule set: - Source reference: Artikel 8 Absatz 2 Source excerpt: The trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order implies an obligation to pay.
Information on trading websites	Reporting	-
Description: Clearly and legibly indicate, at the latest at the beginning of the ordering process, any delivery restrictions and accepted means of payment. Frequency: Continuous Check frequency: Continuous Products/Services: Websites through which goods or services are sold Checking responsibility: The company and website operator Check method: Review of website presentation at the beginning of the ordering process Rule set: - Source reference: Artikel 8 Absatz 3 Source excerpt: Trading websites shall indicate clearly and legibly at the latest at the beginning of the ordering process whether any delivery restrictions apply and which means of payment are accepted.
Reimbursement after withdrawal	Other	-
Description: Reimburse all payments received from the consumer, including delivery costs where applicable, without undue delay and no later than 14 days after notification of withdrawal, using the same means of payment unless otherwise agreed. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Payments under contracts from which the consumer has withdrawn Checking responsibility: The company and finance function Check method: Review of reimbursement processes and payment records Rule set: - Source reference: Artikel 13 Absatz 1 Source excerpt: The trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract in accordance with Article 11.
Timely delivery	Other	-
Description: Deliver the goods without undue delay and no later than 30 days after conclusion of the contract unless another delivery time was agreed. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Goods under sales contracts Checking responsibility: The company and logistics function Check method: Review of delivery deadlines, dispatch records and handover records Rule set: - Source reference: Artikel 18 Absatz 1 Source excerpt: Unless the parties have agreed otherwise on the time of delivery, the trader shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, but not later than 30 days from the conclusion of the contract.
Risk until physical possession	Other	-
Description: Bear the risk of loss or damage to the goods until the consumer or a person indicated by the consumer acquires physical possession, subject to the exception for a carrier commissioned by the consumer. Frequency: Continuous Check frequency: Continuous Products/Services: Goods under sales contracts dispatched by the company to the consumer Checking responsibility: The company and logistics function Check method: Review of shipping terms and transfer-of-risk arrangements Rule set: - Source reference: Artikel 20 Source excerpt: the risk of loss of or damage to the goods shall pass to the consumer when he or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods.
Limitation of payment charges	Other	-
Description: Do not charge the consumer fees for using a means of payment that exceed the costs borne by the company for that means of payment. Frequency: Continuous Check frequency: Continuous Products/Services: Means of payment for sales and service contracts Checking responsibility: The company and payment-processing function Check method: Review of payment charges and the costs borne by the company Rule set: - Source reference: Artikel 19 Source excerpt: Member States shall prohibit traders from charging consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of such means.
Express consent to additional payments	Governance	-
Description: Before the consumer is bound by the contract or offer, obtain express consent to every additional payment and do not use default options that the consumer must reject. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Goods and services involving additional payments beyond the main contractual remuneration Checking responsibility: The company and sales function Check method: Review of consent records and default options Rule set: - Source reference: Artikel 22 Source excerpt: Before the consumer is bound by the contract or offer, the trader shall seek the express consent of the consumer to any extra payment in addition to the remuneration agreed upon for the trader’s main contractual obligation.

Measures

No measures.

Penalties

	Description	Kind	Rule set
	National penalties for infringements of provisions adopted to implement this Directive; they must be effective, proportionate and dissuasive.	Other	-
	Responsible authority: Von den Mitgliedstaaten bestimmte nationale zuständige Behörden Source reference: Artikel 24 Absatz 1 Source excerpt: Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Milestones

Date	Type	Description
2011-10-25	Adopted	Adoption of Directive 2011/83/EU
Source reference: Schlussformel Source excerpt: Done at Strasbourg, 25 October 2011.
2011-12-12	Entry into Force	Entry into force on the twentieth day following publication in the Official Journal of the European Union
Source reference: Artikel 34 Source excerpt: This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
2013-12-13	Transposition Deadline	Deadline for adopting and publishing national transposition measures
Source reference: Artikel 28 Absatz 1 Source excerpt: Member States shall adopt and publish, by 13 December 2013, the laws, regulations and administrative provisions necessary to comply with this Directive.
2013-12-13	Other	Deadline for notifying national regulatory choices to the Commission
Source reference: Artikel 29 Absatz 1 Source excerpt: it shall inform the Commission thereof by 13 December 2013, as well as of any subsequent changes.
2014-06-13	Application Start	Application to contracts concluded after this date
Source reference: Artikel 28 Absatz 2 Source excerpt: The provisions of this Directive shall apply to contracts concluded after 13 June 2014.
2014-06-13	Application Start	Application to contracts concluded after this date
Source reference: Artikel 28 Absatz 2 Source excerpt: The provisions of this Directive shall apply to contracts concluded after 13 June 2014.
2014-06-13	Repeal	Repeal of Directives 85/577/EEC and 97/7/EC
Source reference: Artikel 31 Source excerpt: Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
2016-12-13	Other	Deadline for the Commission's report on application of the Directive
Source reference: Artikel 30 Source excerpt: By 13 December 2016, the Commission shall submit a report on the application of this Directive to the European Parliament and the Council.

Linked regulations

	Type	Regulation
	Amends	Council Directive 93/13/EEC
	Source reference: Title Source excerpt: DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council
	Amends	Directive 1999/44/EC of the European Parliament and of the Council
	Source reference: Title Source excerpt: DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council
	Repeals	Council Directive 85/577/EEC
	Source reference: Title Source excerpt: DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council
	Repeals	Directive 97/7/EC of the European Parliament and of the European Parliament and of the Council
	Source reference: Title Source excerpt: DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council
	Cites	Regulation (EC) No 593/2008 of the European Parliament and of the Council
	Source reference: Recital (10) Source excerpt: This Directive should be without prejudice to Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
	Cites	Directive 2006/123/EC of the European Parliament and of the Council
	Source reference: Recital (12) Source excerpt: The information requirements provided for in this Directive should complete the information requirements of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’).
	Cites	Directive 2000/31/EC of the European Parliament and of the Council
	Source reference: Recital (12) Source excerpt: The information requirements provided for in this Directive should complete the information requirements of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’).
	Cites	Directive 2011/24/EU of the European Parliament and of the Council
	Source reference: Recital (30) Source excerpt: Healthcare is defined in Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare as ‘health services provided by health professionals to patients to assess, maintain or restore their state of health, including the prescription, dispensation and provision of medicinal products and medical devices’.
	Cites	Directive 2005/36/EC of the European Parliament and of the Council
	Source reference: Recital (30) Source excerpt: Health professional is defined in that Directive as a doctor of medicine, a nurse responsible for general care, a dental practitioner, a midwife or a pharmacist within the meaning of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications
	Cites	Council Directive 90/314/EEC
	Source reference: Article 3(3)(g) Source excerpt: which fall within the scope of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
	Cites	Directive 2008/122/EC of the European Parliament and of the Council
	Source reference: Article 3(3)(h) Source excerpt: which fall within the scope of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts
	Cites	Directive 2007/64/EC of the European Parliament and of the Council
	Source reference: Recital (54) Source excerpt: In accordance with Article 52(3) of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market, Member States should be able to prohibit or limit traders’ right to request charges from consumers
	Cites	Directive 2002/58/EC of the European Parliament and of the Council
	Source reference: Recital (61) Source excerpt: Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) already regulates unsolicited communications and provides for a high level of consumer protection.
	Cites	Directive 2008/48/EC of the European Parliament and of the Council
	Source reference: Article 15(1) Source excerpt: Without prejudice to Article 15 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers, if the consumer exercises his right of withdrawal from a distance or an off-premises contract in accordance with Articles 9 to 14 of this Directive, any ancillary contracts shall be automatically terminated, without any costs for the consumer, except as provided for in Article 13(2) and in Article 14 of this Directive.
	Repeals	Directive 85/577/EEC
	Source reference: Article 31 Source excerpt: Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
	Repeals	Directive 97/7/EC
	Source reference: Article 31 Source excerpt: Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
	Cites	Directive 2002/65/EC of the European Parliament and of the Council
	Source reference: Article 31 Source excerpt: Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
	Amends	Directive 93/13/EEC
	Source reference: Article 32 Source excerpt: In Directive 93/13/EEC, the following Article is inserted:
	Amends	Directive 1999/44/EC
	Source reference: Article 33 Source excerpt: In Directive 1999/44/EC, the following Article is inserted:
	Cites	Regulation (EC) No 2006/2004 of the European Parliament and of the Council
	Source reference: Annex II, Correlation table Source excerpt: Annex to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation)
	Cites	Directive 2005/29/EC
	Source reference: Article 27 Source excerpt: The consumer shall be exempted from the obligation to provide any consideration in cases of unsolicited supply of goods, water, gas, electricity, district heating or digital content or unsolicited provision of services, prohibited by Article 5(5) and point 29 of Annex I to Directive 2005/29/EC.
	Cites	Directive 2005/29/EC
	Source reference: Article 6(1)(n) Source excerpt: The existence of relevant codes of conduct, as defined in point (f) of Article 2 of Directive 2005/29/EC, and how copies of them can be obtained, where applicable;

Consumer Rights Directive In force