Clausole e vendite online Direttiva EU 2019/2161 EN

‘(c)	‘ product’ means any good or service including immovable property, digital_service and digital_content, as well as rights and obligations;’;

(b)

the following points are added:

‘(m)	‘ ranking’ means the relative prominence given to products, as presented, organised or communicated by the trader, irrespective of the technological means used for such presentation, organisation or communication;

(n)	‘ online_marketplace’ means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers.’;

(2)

in Article 3, paragraphs 5 and 6 are replaced by the following:

‘ 5. This_Directive_does_not_prevent_Member_States_from_adopting_provisions_to_protect_the_legitimate_interests_of_consumers_with_regard_to_aggressive_or_misleading_marketing_or_selling_practices_in_the_context_of_unsolicited_visits_by_a_trader_to_a_consumer’s home or excursions organised by a trader with the aim or effect of promoting or selling products to consumers. Such provisions shall be proportionate, non-discriminatory and justified on grounds of consumer protection.

6. Member States shall notify the Commission without delay of any national provisions adopted on the basis of paragraph 5 as well as of any subsequent changes. The Commission shall make this information easily accessible to consumers and traders on a dedicated website.’;

(3)

in Article 6(2), the following point is added:

‘(c)	any marketing of a good, in one Member State, as being identical to a good marketed in other Member States, while that good has significantly different composition or characteristics, unless justified by legitimate and objective factors.’;

(4)

Article 7 is amended as follows:

(a)

paragraph 4 is amended as follows:

(i)

point (d) is replaced by the following:

‘(d)	the arrangements for payment, delivery and performance, if they depart from the requirements of professional diligence;’;

(ii)

the following point is added:

‘(f)	for products offered on online_marketplaces, whether the third party offering the products is a trader or not, on the basis of the declaration of that third party to the provider of the online_marketplace.’;

(b)

the following paragraph is inserted:

‘4a. When providing consumers with the possibility to search for products offered by different traders or by consumers on the basis of a query in the form of a keyword, phrase or other input, irrespective of where transactions are ultimately concluded, general information, made available in a specific section of the online interface that is directly and easily accessible from the page where the query results are presented, on the main parameters determining the ranking of products presented to the consumer as a result of the search query and the relative importance of those parameters, as opposed to other parameters, shall be regarded as material. This paragraph does not apply to providers of online search engines as defined in point (6) of Article 2 of Regulation (EU) 2019/1150 of the European Parliament and of the Council (*3).

(*3) Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).’;"

(c)	the following paragraph is added: ‘6. Where a trader provides access to consumer reviews of products, information about whether and how the trader ensures that the published reviews originate from consumers who have actually used or purchased the product shall be regarded as material.’;

(5)

the following article is inserted:

Article 4

amendments to Directive 2011/83/EU

Directive 2011/83/EU is amended as follows:

(1)

in Article 2, the first paragraph is amended as follows:

(a)

point 3 is replaced by the following:

‘(3)	‘ goods’ means goods as defined in point (5) of Article 2 of Directive (EU) 2019/771 of the European Parliament and of the Council (*5);

(*5) Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).’;"

(b)

the following point is inserted:

‘(4a)

‘ personal_data’ means personal_data as defined in point (1) of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council (*6);

(*6) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal_data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).’;"

(c)

points (5) and (6) are replaced by the following:

‘(5)	‘ sales_contract’ means any contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer, including any contract having as its object both goods and services;

(6)	‘ service_contract’ means any contract other than a sales_contract under which the trader supplies or undertakes to supply a service, including a digital_service, to the consumer;’;

(d)

point (11) is replaced by the following:

‘(11)

‘ digital_content’ means digital_content as defined in point (1) of Article 2 of Directive (EU) 2019/770 of the European Parliament and of the Council (*7);

(*7) Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital_content and digital_services (OJ L 136, 22.5.2019, p. 1).’;"

(e)

the following points are added:

‘(16)

‘ digital_service’ means a digital_service as defined in point (2) of Article 2 of Directive (EU) 2019/770;

(17)	‘ online_marketplace’ means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers;

(18)	‘provider of an online_marketplace’ means any trader which provides an online_marketplace to consumers;

(19)	‘ compatibility’ means compatibility as defined in point (10) of Article 2 of Directive (EU) 2019/770;

(20)	‘ functionality’ means functionality as defined in point (11) of Article 2 of Directive (EU) 2019/770;

(21)	‘ interoperability’ means interoperability as defined in point (12) of Article 2 of Directive (EU) 2019/770.’;

(2)

Article 3 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘ 1. This_Directive_shall_apply,_under_the_conditions_and_to_the_extent_set_out_in_its_provisions,_to_any_contract_concluded_between_a_trader_and_a_consumer_where_the_consumer_pays_or_undertakes_to_pay_the_price._It_shall_apply_to_contracts_for_the_supply_of_water,_gas,_electricity_or_district_heating,_including_by_public_providers,_to_the_extent_that_these_commodities_are_provided_on_a_contractual_basis.’;

(b)

the following paragraph is inserted:

‘1a. This Directive shall also apply where the trader supplies or undertakes to supply digital_content which is not supplied on a tangible medium or a digital_service to the consumer and the consumer provides or undertakes to provide personal_data to the trader, except where the personal_data provided by the consumer are exclusively processed by the trader for the purpose of supplying the digital_content which is not supplied on a tangible medium or digital_service in accordance with this Directive or for allowing the trader to comply with legal requirements to which the trader is subject, and the trader does not process those data for any other purpose.’;

(c)

paragraph 3 is amended as follows:

(i)

point (k) is replaced by the following:

‘(k)	for passenger transport services, with the exception of Article 8(2) and Articles 19, 21 and 22;’;

(ii)

the following point is added:

‘(n)	for any goods sold by way of execution or otherwise by authority of law.’;

(3)

in Article 5, paragraph 1 is amended as follows:

(a)

point (e) is replaced by the following:

‘(e)	in addition to a reminder of the existence of the legal guarantee of conformity for goods, digital_content and digital_services, the existence and the conditions of after-sales services and commercial guarantees, where applicable;’;

(b)

points (g) and (h) are replaced by the following:

‘(g)	where applicable, the functionality, including applicable technical protection measures, of goods with digital elements, digital_content and digital_services;

(h)	where applicable, any relevant compatibility and interoperability of goods with digital elements, digital_content and digital_services that the trader is aware of or can reasonably be expected to have been aware of.’;

(4)

Article 6 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

point (c) is replaced by the following:

‘(c)

the geographical address at which the trader is established as well as the trader’s telephone number and email address; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting.’;

(ii)

the following point is inserted:

‘(ea)

where applicable, that the price was personalised on the basis of automated decision-making;’;

(iii)

point (l) is replaced by the following:

‘(l)	a reminder of the existence of a legal guarantee of conformity for goods, digital_content and digital_services;’;

(iv)

points (r) and (s) are replaced by the following:

‘(r)	where applicable, the functionality, including applicable technical protection measures, of goods with digital elements, digital_content and digital_services;

(s)	where applicable, any relevant compatibility and interoperability of goods with digital elements, digital_content and digital_services that the trader is aware of or can reasonably be expected to have been aware of.’;

(b)

paragraph 4 is replaced by the following:

‘ 4. The_information_referred_to_in_points_(h),_(i)_and_(j)_of_paragraph_1_of_this_Article_may_be_provided_by_means_of_the_model_instructions_on_withdrawal_set_out_in_Annex_I(A)._The_trader_shall_have_fulfilled_the_information_requirements_laid_down_in_points_(h),_(i)_and_(j)_of_paragraph_1_of_this_Article_if_the_trader_has_supplied_these_instructions_to_the_consumer,_correctly_filled_in._The_references_to_the_withdrawal_period_of_14_days_in_the_model_instructions_on_withdrawal_set_out_in_Annex_I(A)_shall_be_replaced_by_references_to_a_withdrawal_period_of_30_days_in_cases_where_Member_States_have_adopted_rules_in_accordance_with_Article_9(1a).’;

(5)

the following article is inserted:

whereas

keyboard_tab Clausole e vendite online Direttiva EU 2019/2161 EN

Clausole e vendite online Direttiva EU 2019/2161 EN