Amendment to the Consumer Protection Act and the Civil Code changes the rules for online retail
On 16 November 2022, the President signed the government’s amendment to the Consumer Protection Act and the Civil Code, which improves consumer protection, especially against unfair practices of traders.
The amendment will have a significant impact on consumer protection in the online environment. Businesses will now have to inform customers of the lowest price of the product offered in the last 30 days when providing a discount. Where an e-shop provides access to reviews of its products or services, it must ensure that the review actually comes from another consumer who has purchased the product or service. This design should protect consumers from the common practice of fake reviews. Where an order is placed by pressing an appropriate button or other similar control, e-shops will have to clearly identify such button by stating that the pressing of the button obliges the consumer to pay. Failure to do so will render the contract void, unless the consumer invokes it.
The amendment also extends the duty to inform of the provider of the newly introduced term online marketplace in order to increase transparency towards the consumer. Among other things, the entrepreneur must provide, together with the search result, information on the parameters determining the ranking of the search, i.e. whether the ranking of the results is influenced by paid promotion.
The consumer will now have the right to withdraw from the contract or to request a reasonable discount in cases where he or she has been affected by unfair business practices. The consumer may exercise the right of withdrawal within 90 days of the conclusion of the contract.
The amendment also regulates the conclusion of contracts over the phone, by door-to-door sales or during promotional events. The business person must now confirm the offer made during a telephone call in text form without undue delay, whereas the consumer is only bound by such an offer by expressly expressing his consent. The period for withdrawal from a contract concluded by unsolicited door-to-door selling or during promotional events is extended from 14 days to 30 days.
The amendment introduces a number of other important changes. Our law firm rutland & partners has extensive experience in the field of online retail and offers comprehensive legal services to operators of online marketplaces or e-shops. Please do not hesitate to contact us for more information.
Monika Rutland, partner
rutland & partners, law firm
Tel: +420 226 226 026
Email: monika.rutland@rutlands.cz
