Omnibus Directive enters into application at national level

On 28 May, Directive (EU) 2019/2161 on the better enforcement and modernisation of Union consumer protection rules, also known as the Omnibus Directive, entered into application at Member States’ level. The Directive amends existing legislation to better align EU consumer law with the Commission’s priorities for a green and digital transition. The four Directives that are amended by the Omnibus Directive are the Unfair Commercial Practices Directive (UCPD), the Consumer Rights Directive (CRD), the Unfair Contract Terms Directive (UCTD), and the Price indication Directive (PID). 

On 17 December 2021, the European Commission published its updated guidance notices on the implementation of the Unfair Commercial Practices Directive, the Consumer Rights Directive and the Price Indication Directive. These updated notices add to the guidance on the Unfair Contract Terms Directive from 2019. The guidance documents provide additional legal interpretation on, for instance, obligations of online platforms and marketplaces, influencer marketing, consumer reviews, data-driven personalisation, ‘dark patterns’, personalised prices, consumer’s right of withdrawal, and on price reductions and ‘prior’ prices. The notices aimed to support national lawmakers in the transposition of the revised rules into their respective national law, as well as to help businesses adapt to the new rules. 

EU countries had until 28 November 2021 to first transpose the Directive into their national legislation. However, several Member States failed to meet the implementation deadline. On 27 January 2022, these countries were sent a letter of formal notice by the Commission, an act that marks the launching of the infringement procedure. According to the infringement procedure, Member States normally have two months to reply after receiving a formal notice. For the time being, the ongoing infringement procedures concern the lack of transposition. Nevertheless, the second stage of the procedure, which consists in a formal request to comply with EU law, could be triggered by the Commission after the expiry of the entry into application. 

Ecommerce Europe has been closely following the implementation procedure at national level via feedback collected through its members and will provide input to the Commission. If you want to learn more about our activities, please reach out to us at info@ecommerce-europe.eu.