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Unfair Commercial Practices Directive In force Unlisted

Overview

Jurisdiction
European Union
Topic
-
Instrument type
Directive
Reference number
2005/29/EC
Valid from
2005-06-12
Valid to
2026-08-06
Modified date
1106-05-11
Listed at
Unlisted draft
Withdrawn at
-
Description
Harmonises EU Member State rules on unfair business-to-consumer commercial practices, including misleading and aggressive advertising and sales practices, and strengthens consumer protection in the internal market.

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No regulation sources to answer questions from yet.

Sources

No regulation sources yet.

Rule sets

Label Effective
Companies conducting business-to-consumer commercial practices 2005-06-12 — 9999-12-31
Applies from milestone:
Entry into Force (2005-06-12)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “business-to-consumer commercial practices”

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
Prohibition of unfair commercial practices Other -
Description:
Companies must not engage in unfair commercial practices relating to products in dealings with consumers.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Products, including goods, services, immovable property, rights and obligations, promoted, sold or supplied to consumers
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 5(1)
Source excerpt:
Unfair commercial practices shall be prohibited.
Prohibition of misleading commercial practices Other -
Description:
Companies must not engage in misleading commercial practices, including making false or deceptive statements or omitting, concealing, or presenting material information in an unclear, unintelligible, ambiguous or untimely manner.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Products promoted, sold or supplied to consumers
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 6(1)
Source excerpt:
A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer
Prohibition of aggressive commercial practices Other -
Description:
Companies must not engage in aggressive commercial practices through harassment, coercion including physical force, or undue influence where this significantly impairs or is likely to significantly impair consumers' freedom of choice or conduct.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Products promoted, sold or supplied to consumers
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 8
Source excerpt:
A commercial practice shall be regarded as aggressive if, in its factual context, taking account of all its features and circumstances, by harassment, coercion, including the use of physical force, or undue influence, it significantly impairs or is likely to significantly impair the average consumer's freedom of choice or conduct with regard to the product
Avoidance of practices prohibited in all circumstances Other -
Description:
Companies must not engage in the commercial practices listed in Annex I, which are considered unfair in all circumstances, including bait advertising, pyramid promotional schemes, inertia selling, misleading prize claims and direct exhortations to children to buy.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Products and their commercial communications, advertising and marketing
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 5(5)
Source excerpt:
Annex I contains the list of those commercial practices which shall in all circumstances be regarded as unfair.
Substantiation of factual claims Record Keeping -
Description:
Companies must furnish evidence of the accuracy of factual claims in a commercial practice when required by a court or administrative authority; claims may be considered inaccurate if the evidence is not furnished or is insufficient.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Factual claims in commercial practices
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 12(a)
Source excerpt:
to require the trader to furnish evidence as to the accuracy of factual claims in relation to a commercial practice

Measures

No measures.

Penalties

Description Kind Rule set
Member States must provide effective, proportionate and dissuasive penalties for infringements of national provisions implementing the Directive and ensure their enforcement. The specific type and amount of penalty are not specified. Other -
Responsible authority:
National authorities designated by the Member States
Source reference:
Article 13
Source excerpt:
Member States shall lay down penalties for infringements of national provisions adopted in application of this Directive and shall take all necessary measures to ensure that these are enforced. These penalties must be effective, proportionate and dissuasive.
Courts or administrative authorities may order the cessation of an unfair commercial practice or prohibit its continuation or imminent implementation. Other Prohibitions and Exclusions -
Responsible authority:
Courts or competent administrative authorities
Source reference:
Article 11(2)(a)-(b)
Source excerpt:
to order the cessation of, or to institute appropriate legal proceedings for an order for the cessation of, unfair commercial practices; or if the unfair commercial practice has not yet been carried out but is imminent, to order the prohibition of the practice
To eliminate the continuing effects of an unfair commercial practice, courts or administrative authorities may require publication of the decision and a corrective statement. Public Disclosure -
Responsible authority:
Courts or competent administrative authorities
Source reference:
Article 11(2)
Source excerpt:
to require publication of that decision in full or in part and in such form as they deem adequate; to require in addition the publication of a corrective statement.

Milestones

Date Type Description
2005-05-11 Adopted Adoption of the Directive on unfair business-to-consumer commercial practices
Source reference:
Final paragraph
Source excerpt:
Done at Strasbourg, 11 May 2005.
2005-06-12 Entry into Force Entry into force of the Directive on the day following its publication
Source reference:
Article 20
Source excerpt:
This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
2007-06-12 Transposition Deadline Deadline for adopting and publishing national transposition measures
Source reference:
Article 19
Source excerpt:
Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 12 June 2007.
2007-12-12 Application Start Start of application of the national transposition measures
Source reference:
Article 19
Source excerpt:
They shall apply those measures by 12 December 2007.
2011-06-12 Other Deadline for the Commission's comprehensive report on application of the Directive
Source reference:
Article 18(1)
Source excerpt:
By 12 June 2011 the Commission shall submit to the European Parliament and the Council a comprehensive report on the application of this Directive
2013-06-12 Other End of the six-year period for certain more restrictive national provisions
Source reference:
Article 3(5)
Source excerpt:
For a period of six years from 12 June 2007, Member States shall be able to continue to apply national provisions within the field approximated by this Directive which are more restrictive or prescriptive than this Directive

Linked regulations

No linked regulations.