Strengthening consumer protection in e-commerce
Do you sell goods or services online? Are you aware of the legal changes that came into force on September 1? Don't worry, we've got your back. Read on to find out what you need to know.
Why new law?
As everyone knows by now, consumers are increasingly shopping online. Both goods and services. This is why the government is strengthening consumer protection in e-commerce. Already on May 1, a new consumer purchase law came into force, which now also covers the purchase of digital content and services.
Here we have listed the most important changes to the law - with stricter requirements for you as an e-retailer, and also for those of us who work in marketing:
Extending the scope of the marketing law
The law is being broadened to apply to digital services and content. In addition, if you offer a product for sale on a digital marketplace, you must indicate whether you are a trader or not.
Transparency requirements for customer reviews
Businesses are obliged to tell you how they ensure that the reviews displayed on the website come from someone who has actually used the product. This means that companies should clearly state whether there are processes in place to ensure the authenticity of reviews and how this is checked. They even need to indicate if no action has been taken.
Information requirements for the indication of search results
Businesses that allow consumers to search for products online should provide clear and accessible information on the criteria that determine the ranking of products presented.
Transparency requirements when marketing price reductions
To prevent "counterfeiting", a new information obligation in the Price Information Act requires the company to print the lowest price of the product for the last 30 days before the price reduction, alongside the new reduced price.
Making it clearer who you buy from
It should be clear who you are contracting with and what rules apply. This means that some e-retailers must state that they only mediate the purchase between you and another company and provide information on who to complain to.
Is your online shop adapted?
At Jakobsson, we are happy to act as a sounding board and help you to ensure that your business is adapted to the new legal requirements in terms of marketing, policies and the information provided on the website.
Feel free to contact us if you want help with any project this fall.
New consumer sales law
On May 1 this year, the new Consumer Sales Act entered into force, which now also covers contracts for the purchase of digital services and content. The new law regulates, for example, the purchase of computer programs, applications, games, e-books and streaming of films and music. Also contracts where a consumer pays with personal data, in exchange for a digital service or content.
Here are two of the most important new features of the new Consumer Sales Act for the purchase of digital goods and services:
Right of complaint
The general three-year right of complaint will in some cases also apply to goods with digital elements. These are goods that are integrated or linked to a digital service or content, where the absence of the digital service or content means that the goods cannot be used as intended.
Reverse burden of proof
Defects that become apparent within six months of the delivery of goods from the seller should be deemed to have existed at the time of delivery. This reverse burden of proof now also applies to digital services and content, thus strengthening consumer protection.
