Information for Consumers, Right of Withdrawal, and Other Consumer Rights

SUMMARY OF:

Directive 2011/83/EU on Consumer Rights

Directive (EU) 2019/2161 amending Directive 2011/83/EU as regards the better enforcement and modernisation of Union consumer protection rules.

Directive (EU) 2023/2673 amending Directive 2011/83/EU as regards distance contracts for financial services and repealing Directive 2002/65/EC.

Directive (EU) 2024/825 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and improved information.

PURPOSE OF THE DIRECTIVES

Directive 2011/83/EU aims to:

• enhance consumer protection by harmonising several key aspects of national legislation governing contracts concluded between consumers and traders;
• facilitate cross-border trade among the Member States of the European Union (EU), particularly for consumers purchasing goods and services online.

The Directive replaced the Distance Selling Directive (Directive 97/7/EC) and the Doorstep Selling Directive (Directive 85/577/EEC).

Directive (EU) 2019/2161, concerning the better enforcement and modernisation of EU consumer protection rules, amends Directive 2011/83/EU and other consumer law instruments. The amendments strengthen consumer protection across various areas, including purchases made through e-commerce platforms, transparency regarding personalised pricing, the ranking of online offers, and consumer rights when using “free” online services.

Reflecting the rapid growth of financial services concluded at a distance (online or by telephone), Directive (EU) 2023/2673 introduces a new chapter establishing rules governing such contracts. It repeals Directive 2002/65/EC, which previously regulated consumer protection in relation to the distance marketing of financial services, with effect from 18 June 2026.

In 2024, further amendments were introduced through Directive (EU) 2024/825 in order to align Directive 2011/83/EU with the objectives of the green transition and the circular economy.

KEY PROVISIONS

Scope of Application

Subject to certain exceptions, including healthcare and social services (and financial services until June 2026), Directive 2011/83/EU applies to a broad range of contracts concluded between traders and consumers, including:

• sales contracts;
• service contracts;
• contracts for the supply of digital content or digital services;
• contracts for the supply of water, gas, electricity and district heating.

The Directive applies to contracts concluded on business premises, off-premises contracts (for example, at the consumer’s home), and distance contracts (for example, online). It also applies to contracts under which a trader supplies or undertakes to supply digital content or a digital service to a consumer, and the consumer provides or undertakes to provide personal data as consideration.

The Directive further establishes additional information requirements for providers of online marketplaces regarding contracts concluded between consumers and third-party suppliers through their platforms. It also lays down rules on the transparency of personalised pricing and the ranking of online offers, as well as consumer rights relating to the use of “free” online services.

CONSUMER FINANCIAL SERVICES

Directive (EU) 2023/2673 introduces rules relating to consumer financial services, including the following:

• Pre-contractual information that traders must provide to consumers before the conclusion of a contract. Consumers must be given sufficient time to assess and understand such information and to compare it with alternative products in order to make an informed decision. Member States may choose to impose more stringent national requirements in this area.

• The right of consumers to request human intervention in order to better understand the implications of a particular contract for their financial situation where a trader uses online tools such as chatbots.

• The obligation on Member States to introduce measures limiting the use of misleading marketing techniques (dark patterns) designed to influence consumers’ choices through manipulative user interfaces.

• The introduction into Directive 2011/83/EU of a “safety-net regime” for financial services that are excluded from, or only partially covered by, other sector-specific legislation.

RIGHT OF WITHDRAWAL

Consumers may withdraw from distance contracts and off-premises contracts within 14 days from the delivery of the goods or the conclusion of the service contract, subject to certain exceptions, without providing any reason and without incurring any costs. A standard withdrawal form supplied by the trader is sufficient for this purpose. Where consumers have not been informed of their rights, the withdrawal period is extended by 12 months.

Exceptions apply in various circumstances, including perishable goods, sealed products opened by the consumer that cannot be returned for health protection or hygiene reasons, and hotel bookings or car rental services linked to specific dates. Contracts for the supply of digital content not supplied on a tangible medium may also be exempt under certain conditions where performance has already commenced. Upon withdrawal from the contract, consumers must refrain from using the digital content or digital service and from making it available to third parties.

Directive (EU) 2023/2673 enables consumers to exercise the right of withdrawal in respect of all distance contracts and requires providers to ensure that their interfaces contain an easily accessible withdrawal function.

NO UNJUSTIFIED PAYMENT FEES OR ADDITIONAL CHARGES

Traders may not charge consumers fees for the use of a given means of payment that exceed the costs borne by the trader for the use of that payment method. In many cases, the imposition of such fees is strictly prohibited under the Payment Services Directive (Directive (EU) 2015/2366).

Where consumers contact a trader by telephone in relation to a concluded contract, whether to obtain information or to submit a complaint, they must not be required to pay more than the basic telephone rate.

Traders must obtain consumers’ express consent before offering any additional paid services. Pre-ticked boxes on order forms may not be used to obtain payment for such additional services.

PENALTIES

Directive 2011/83/EU requires Member States to establish effective, proportionate and dissuasive penalties applicable to infringements of national provisions implementing the Directive. It also provides a list of criteria to be taken into account when imposing such penalties.

Member States must ensure that, where penalties are to be imposed pursuant to Regulation (EU) 2017/2394 in the context of coordinated actions concerning widespread cross-border infringements, such penalties include the possibility of imposing fines through administrative procedures, initiating judicial proceedings for the imposition of fines, or both, up to a maximum amount of at least 4% of the trader’s annual turnover in the Member State or Member States concerned.

Where a fine must be imposed pursuant to Regulation (EU) 2017/2394 but information regarding the trader’s annual turnover is unavailable, Member States must provide for the possibility of imposing fines with a maximum amount of at least EUR 2 million.

ENTRY INTO FORCE AND APPLICATION

Directive 2011/83/EU was required to be transposed into national law by 13 December 2013 and applies to contracts concluded on or after 13 June 2014.

Directive (EU) 2019/2161 was required to be transposed into national law by 28 November 2021. The provisions introduced by that Directive have applied since 28 May 2022.

Directive (EU) 2023/2673 was required to be transposed into national law by 19 December 2025. Its provisions are expected to apply from 19 June 2026.

Directive (EU) 2024/825 must be transposed into national law by 27 March 2026. Its provisions are expected to apply from 27 September 2026.

BACKGROUND

For further information, see:

• Consumer rights and complaints (European Commission);

• Guidance on the interpretation and application of Directive 2011/83/EU;

• Factsheet – The New Deal for Consumers: What benefits will I gain as a consumer? (European Commission).

KEY TERMS

Online Marketplace
A service using software, including a website, part of a website, or an application, operated by or on behalf of a trader, which enables consumers to conclude distance contracts with other traders or consumers.

Price Personalisation
A practice whereby a trader sets different prices for individual consumers or groups of consumers on the basis of an automated analysis of their preferences and willingness to pay.

Sales Contract
Any contract under which a trader transfers or undertakes to transfer ownership of goods to a consumer, including contracts having both goods and services as their subject matter.

Service Contract
Any contract other than a sales contract under which a trader supplies or undertakes to supply a service, including a digital service, to a consumer.

Digital Service
Either:
(a) a service that enables the consumer to create, process, store or access data in digital form; or
(b) a service that enables the sharing of, or any other interaction with, data in digital form uploaded or created by the consumer or by other users of that service.

Digital Content
Data produced and supplied in digital form.

Personal Data
Any information relating to an identified or identifiable natural person.

Goods
Means:
(a) any tangible movable item, including water, gas and electricity where they are offered for sale in a limited volume or a set quantity; and
(b) any tangible movable item that incorporates, or is interconnected with, digital content or a digital service in such a way that the absence of such digital content or digital service would prevent the goods from performing their intended functions (“goods with digital elements”).