keyboard_tab Clausole e vendite online Direttiva EU 2019/2161 EN
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2019/2161 2011/83 2005/29 1998/6 1993/13
2019/2161 EN cercato: 'trader' . Output generated live by software developed by IusOnDemand srl- 2 ‘Article 6a
- 4 ‘Article 8
- 10 Article 3 Amendments to Directive 2005/29/EC
- 8 ‘Article 13 Penalties
- 24 Article 4 Amendments to Directive 2011/83/EU
- 28 ‘Article 6a Additional specific information requirements for contracts concluded on online marketplaces
- 8 ‘Article 24 Penalties
- 1 Article 6 Reporting by the Commission and review
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- product
- ranking
- online marketplace
- 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 atrader to a consumer
- 6. Where atrader provides access to consumer reviews of products, information about whether and how thetrader ensures that the published reviews originate from consumers who have actually used or purchased the product shall be regarded as material.
- goods
- personal data
- sales contract
- service contract
- digital content
- digital service
- online marketplace
- provider of an online marketplace
- compatibility
- functionality
- interoperability
- 1. This Directive shall apply, under the conditions and to the extent set out in its provisions, to any contract concluded between atrader 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.
- 1a. This Directive shall also apply where thetrader 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 thetrader, except where the personal data provided by the consumer are exclusively processed by thetrader 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 thetrader to comply with legal requirements to which thetrader is subject, and thetrader does not process those data for any other purpose.
- 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). Thetrader shall have fulfilled the information requirements laid down in points (h), (i) and (j) of paragraph 1 of this Article if thetrader 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).
- 3. Where a consumer wants the performance of services, or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating to begin during the withdrawal period provided for in Article 9(2), and the contract places the consumer under an obligation to pay, thetrader shall require that the consumer make such an express request on a durable medium and request the consumer to acknowledge that, once the contract has been fully performed by thetrader, the consumer will no longer have the right of withdrawal.
- 4. If the contract is concluded through a means of distance communication which allows limited space or time to display the information, thetrader shall provide, on or through that particular means prior to the conclusion of such a contract, at least the pre-contractual information regarding the main characteristics of the goods or services, the identity of thetrader, the total price, the right of withdrawal, the duration of the contract and, if the contract is of indeterminate duration, the conditions for terminating the contract, as referred to, respectively, in points (a), (b), (e), (h) and (o) of Article 6(1) except the model withdrawal form set out in Annex I(B) referred to in point (h). The other information referred to in Article 6(1), including the model withdrawal form, shall be provided by thetrader to the consumer in an appropriate way in accordance with paragraph 1 of this Article.
- 8. Where a consumer wants the performance of services, or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, to begin during the withdrawal period provided for in Article 9(2), and the contract places the consumer under an obligation to pay, thetrader shall require that the consumer make an express request and request the consumer to acknowledge that, once the contract has been fully performed by thetrader, the consumer will no longer have the right of withdrawal.
- 1a. Member States may adopt rules in accordance with which the withdrawal period of 14 days referred to in paragraph 1 is extended to 30 days for contracts concluded in the context of unsolicited visits by atrader to a consumer
- 2. Without prejudice to Article 10, the withdrawal period referred to in paragraph 1 of this Article shall expire after 14 days or, in cases where Member States have adopted rules in accordance with paragraph 1a of this Article, 30 days from:
- 2. If thetrader has provided the consumer with the information provided for in paragraph 1 of this Article within 12 months from the day referred to in Article 9(2), the withdrawal period shall expire 14 days or, in cases where Member States have adopted rules in accordance with Article 9(1a), 30 days after the day upon which the consumer receives that information.
- 2a. In the event of withdrawal from the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.
- Member States may derogate from the exceptions from the right of withdrawal set out in points (a), (b), (c) and (e) of the first paragraph for contracts concluded in the context of unsolicited visits by atrader to a consumer
- 1. Where a Member State makes use of any of the regulatory choices referred to in Article 3(4), Article 6(7), Article 6(8), Article 7(4), Article 8(6), Article 9(1a), Article 9(3) and the second and third paragraphs of Article 16, it shall inform the Commission thereof by 28 November 2021, as well as of any subsequent changes.
- To exercise the right of withdrawal, you must inform us [2] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. [3]
- [2.] Insert your name, geographical address, telephone number and email address.
- To [here thetrader
- trader 60
- shall 48
- consumer 42
- article 41
- paragraph 33
- point 30
- replaced 28
- following: 28
- states 26
- directive 25
- means 23
- digital_content 23
- following 22
- consumers 20
- penalties 19
- amended 19
- information 18
- follows: 18
- which 18
- goods 18
- applicable 17
- contract 17
- such 16
- member 15
- parliament 15
- european 15
- regulation 14
- member 14
- from 14
- price 13
- available 12
- digital_service 12
- provided 12
- without 12
- including 11
- prior 10
- products 10
- national 10
- inserted: 10
- infringement 10
- protection 10
- //ec 9
- referred 9
- fines 9
- rules 9
- withdrawal 9
- defined 9
- provisions 9
- under 9
- been 9
‘Article 6a
1. Any announcement of a price reduction shall indicate the prior price applied by the trader for a determined period of time prior to the application of the price reduction.
2. The prior price means the lowest price applied by the trader during a period of time not shorter than 30 days prior to the application of the price reduction.
3. Member States may provide for different rules for goods which are liable to deteriorate or expire rapidly.
4. Where the product has been on the market for less than 30 days, Member States may also provide for a shorter period of time than the period specified in paragraph 2.
5. Member States may provide that, when the price reduction is progressively increased, the prior price is the price without the price reduction before the first application of the price reduction.’;
(2) | Article 8 is replaced by the following: ‘Article 8 1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 2. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:
3. Member States shall, by 28 November 2021, notify the Commission of the rules and measures referred to in paragraph 1 and shall notify it, without delay, of any subsequent amendment affecting them. (*2) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).’." |
Article 3
Amendments to Directive 2005/29/EC
Directive 2005/29/EC is amended as follows:
(1) | in Article 2, the first paragraph is amended as follows:
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(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:
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(4) | Article 7 is amended as follows:
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(5) | the following article is inserted: ‘Article 13 Penalties 1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 2. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:
3. Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the trader’s annual turnover in the Member State or Member States concerned. Without prejudice to that Regulation, Member States may, for national constitutional reasons, restrict the imposition of fines to:
4. For cases where a fine is to be imposed in accordance with paragraph 3, but information on the trader’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least EUR 2 million. 5. Member States shall, by 28 November 2021, notify the Commission of the rules and measures referred to in paragraph 1 and shall notify it, without delay, of any subsequent amendment affecting them. (*4) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).’;" |
(7) | Annex I is amended as follows:
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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:
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(2) | Article 3 is amended as follows:
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(3) | in Article 5, paragraph 1 is amended as follows:
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(4) | Article 6 is amended as follows:
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(5) | the following article is inserted: ‘Article 6a Additional specific information requirements for contracts concluded on online_marketplaces 1. Before a consumer is bound by a distance contract, or any corresponding offer, on an online_marketplace, the provider of the online_marketplace shall, without prejudice to Directive 2005/29/EC, provide the consumer with the following information in a clear and comprehensible manner and in a way appropriate to the means of distance communication:
2. Without prejudice to Directive 2000/31/EC, this Article does not prevent Member States from imposing additional information requirements for providers of online_marketplaces. Such provisions shall be proportionate, non-discriminatory and justified on grounds of consumer protection.’; |
(6) | in Article 7, paragraph 3 is replaced by the following: ‘ 3. Where_a_consumer_wants_the_performance_of_services,_or_the_supply_of_water,_gas_or_electricity,_where_they_are_not_put_up_for_sale_in_a_limited_volume_or_set_quantity,_or_of_district_heating_to_begin_during_the_withdrawal_period_provided_for_in_Article_9(2),_and_the_contract_places_the_consumer_under_an_obligation_to_pay,_the_trader_shall_require_that_the_consumer_make_such_an_express_request_on_a_durable_medium_and_request_the_consumer_to_acknowledge_that,_once_the_contract_has_been_fully_performed_by_the_trader,_the_consumer_will_no_longer_have_the_right_of_withdrawal.’; |
(7) | Article 8 is amended as follows:
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(8) | Article 9 is amended as follows
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(9) | in Article 10, paragraph 2 is replaced by the following: ‘ 2. If_the_trader_has_provided_the_consumer_with_the_information_provided_for_in_paragraph_1_of_this_Article_within_12_months_from_the_day_referred_to_in_Article_9(2),_the_withdrawal_period_shall_expire_14_days_or,_in_cases_where_Member_States_have_adopted_rules_in_accordance_with_Article_9(1a),_30_days_after_the_day_upon_which_the_consumer_receives_that_information.’; |
(10) | in Article 13, the following paragraphs are added: ‘4. In respect of personal_data of the consumer, the trader shall comply with the obligations applicable under Regulation (EU) 2016/679. 5. The trader shall refrain from using any content, other than personal_data, which was provided or created by the consumer when using the digital_content or digital_service supplied by the trader, except where such content:
6. Except in the situations referred to in point (a), (b) or (c) of paragraph 5, the trader shall, at the request of the consumer, make available to the consumer any content, other than personal_data, which was provided or created by the consumer when using the digital_content or digital_service supplied by the trader. 7. The consumer shall be entitled to retrieve that digital_content free of charge, without hindrance from the trader, within a reasonable time and in a commonly used and machine-readable format. 8. In the event of withdrawal from the contract, the trader may prevent any further use of the digital_content or digital_service by the consumer, in particular by making the digital_content or digital_service inaccessible to the consumer or disabling the user account of the consumer, without prejudice to paragraph 6.’; |
(11) | Article 14 is amended as follows:
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(12) | Article 16 is amended as follows:
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(13) | Article 24 is replaced by the following: ‘Article 24 Penalties 1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 2. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:
3. Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the trader’s annual turnover in the Member State or Member States concerned. 4. For cases where a fine is to be imposed in accordance with paragraph 3, but information on the trader’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least EUR 2 million. 5. Member States shall, by 28 November 2021, notify the Commission of the rules and measures referred to in paragraph 1 and shall notify it, without delay, of any subsequent amendment affecting them. (*8) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).’;" |
(14) | in Article 29, paragraph 1 is replaced by the following: ‘ 1. Where_a_Member_State_makes_use_of_any_of_the_regulatory_choices_referred_to_in_Article_3(4),_Article_6(7),_Article_6(8),_Article_7(4),_Article_8(6),_Article_9(1a),_Article_9(3)_and_the_second_and_third_paragraphs_of_Article_16,_it_shall_inform_the_Commission_thereof_by_28_November_2021,_as_well_as_of_any_subsequent_changes.’; |
(15) | Annex I is amended as follows:
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Article 6
Reporting by the Commission and review
By 28 May 2024, the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. That report shall include in particular an assessment of the provisions of this Directive regarding:
(a) | events organised at places other than the trader’s business premises; and |
(b) | cases of goods marketed as identical but having significantly different composition or characteristics, including whether those cases should be subject to more stringent requirements, including prohibition in Annex I to Directive 2005/29/EC and whether more detailed provisions on information about the differentiation of goods are necessary. |
That report shall be accompanied, where necessary, by a legislative proposal.
whereas