DIGITALEUROPE views on the Fitness Check of EU consumer and marketing law

DIGITALEUROPE welcomes the purpose of the Fitness Check of EU consumer and marketing law, looking at the interplay between the existing consumer acquis. This exercise needs to be conducted to benefit consumers and businesses alike by identifying existing administrative burdens and inconsistencies which are detrimental to a functioning single market.

DIGITALEUROPE believes that on top of sector-specific rules (e.g. telecoms rules, audiovisual media services Directive, etc.), European consumers currently benefit from a strong EU consumer and marketing law framework. This framework offers a high level of protection.

We would like to stress that the efficacy of consumer protection across Europe lies on the proper implementation and enforcement of existing rules rather than on the addition of new layers. Minimum harmonisation contributed to a fragmented implementation of EU law via “gold plating” of provisions by Member States, leading to a complex consumer acquis.

New rules should only be drawn where necessary. In this regard, the Fitness Check and the evaluation of the Consumer Rights Directive (CRD) are essential to maintaining a fit for purpose consumer acquis as well as to ensure consistency with newly published legislation (e.g digital contracts package).

Furthermore, as a principle, DIGITALEUROPE is against the extension of the provisions of the consumer protection directives to B2B relations.