Bill to reform consumer legislation concerning distance and telephone sales
On Friday, October 11, 2013, the Spanish Cabinet decided to lay before Parliament the Bill amending the revised General Consumer and User Protection Law (TRLDCU) and other supplementary laws on distance selling (including e-commerce and telephone sales) and off-premises contracts. The Bill aims to adapt Spanish legislation to Directive 2011/83/EU on Consumer Rights and to reinforce legal certainty in e-commerce and distance transactions, in light of the growing significance of these types of transactions in recent years in Spain.
Some of main modifications contained in the Bill include: (i) reinforcement of the customer’s right of withdrawal; (ii) increase in the amount of pre-contractual information to be provided to the customer; (iii) recognition of new rights for consumers and measures to prevent “hidden charges” (the trader must ensure that the consumer, when placing his order, acknowledges that the order implies an obligation to pay); (iv) new rules on additional payments over and above those agreed on, additional charges that may be incurred under contracts formalized at a distance and consumer charges for using certain payment methods; (v) specific rules on distance marketing of digital content; and (vi) new rules on telephone sales, which introduce requirements for them to be formalized in writing or recorded on certain media.
Garrigues Corporate Law and Commercial Contracts Department and Technology & Outsourcing Industry Group
