Comments on the proposal for a Directive on consumer rights

DIGITALEUROPE, the voice of the European digital technology industry, has analysed with great interest the proposal by the European Commission for a Directive on consumer rights and welcomes that the latter reflects many of the recommendations DIGITALEUROPE made in its May 2007 response to the Commissions Green Paper on the Review of the Consumer Acquis.

DIGITALEUROPE welcomes in particular the proposed Directive’s objectives to fully harmonise consumer rights related to cross-border transactions between traders and consumers, and also to strike the right balance between creating a high level of consumer protection and fostering the competitiveness of industry. A harmonised regime of protection and a heightened level of legal certainty with regards to consumer rights would encourage cross-border trade and strengthen the internal market for goods – all compelling arguments for adopting the Directive, especially against the background of the current economic crisis. 

In this position paper we comment on particular aspects of the proposed Directive which pose concerns to DIGITALEUROPE members, and where further clarification is necessary if the Directive is to achieve its stated objectives. It should be noted that the proposed Directive imposes obligations on traders rather than manufacturers of goods. However, DIGITALEUROPE members – in particular manufacturers of consumer electronics – would also be affected by the Directive, not only because of the right of redress that traders have against manufacturers, but also because manufacturers increasingly engage in direct consumer sales and usually act as guarantors in commercial guarantees provided to consumers.

 Comments on proposed Consumer Rights Directive (.pdf)