eu-charter

Charta základných práv Európskej únie

Článok 38 - Ochrana spotrebiteľa

Článok 38 - Ochrana spotrebiteľa

Politiky Únie zabezpečia vysokú úroveň ochrany spotrebiteľa.

Vysvetlivky

  • Text:

    Zásady obsiahnuté v tomto článku sú založené na článku 169 Zmluvy o fungovaní Európskej únie.

    Source:
    Úradný vestník Európskej únie C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Ďalej uvedené vysvetlivky boli pôvodne pripravené pod vedením predsedníctva konventu, ktorý vypracoval návrh Charty základných práv Európskej únie. Boli aktualizované pod vedením predsedníctva Európskeho konventu so zreteľom na úpravy, ktoré urobil tento konvent k textu charty (najmä k článkom 51 a 52), a vývoj práva Únie. Hoci tieto vysvetlivky nie sú ako také právne záväzné, predstavujú cenný nástroj výkladu, ktorý je určený na objasnenie ustanovení charty.

Prípadové právo

Vnútroštátne ústavné právo

21 results found

  • ACT
    URL:
    Štát:
    Slovakia

    Article I (General provisions)§1 - Subject and scope of the Act(1) This Act governs the rights of consumers and the obligations of producers, traders, importers and suppliers, the competency of public administration authorities with respect to consumer protection, and the position of legal persons created or established for the purpose of consumer protection (hereinafter only the “association”).(2) This Act applies to the sale of products and provision of services, where performance is being delivered in the territory of the Slovak Republic or where performance concerns business activities in the Slovak Republic.

  • Constitution of the Republic of Bulgaria
    Štát:
    Bulgaria

    Art. 19 [...] (2) The State shall establish and guarantee equal legal conditions for economic activity to all citizens and legal entities by preventing any abuse of a monopoly status and unfair competition, and by protecting the consumer. 

  • Constitution of the Republic of Croatia
    Štát:
    Croatia
  • Constitution of the Republic of Lithuania
    Štát:
    Lithuania

     Article 46. The State shall defend the interests of the consumer.

  • Constitution of the Republic of Poland
    Štát:
    Poland

    Article 76Public authorities shall protect consumers, customers, hirers or lessees against activities threatening their health, privacy and safety, as well as against dishonest market practices. The scope of such protection shall be specified by statute.

  • Consumer Code (Legislative Part)
    Štát:
    France
  • Consumer Protection Act
    Štát:
    Finland

    (38/1978; amendments up to 29/2005 included)

  • Consumer Protection Act
    Štát:
    Estonia

    § 1. Scope of application of Act.
    (...) (2) The purpose of this Act is to safeguard consumer rights. (…)

  • Consumer Protection Act 1987
    Štát:
    United Kingdom

    Section 1 Purpose and construction of Part I.
    (1)This Part shall have effect for the purpose of making such provision as is necessary in order to comply with the product liability Directive and shall be construed accordingly.

    Section 11 Safety regulations.
    (1)The Secretary of State may by regulations under this section ( “safety regulations”) make such provision as he considers appropriate. . . for the purpose of securing—
    (a)that goods to which this section applies are safe;
    (b)that goods to which this section applies which are unsafe, or would be unsafe in the hands of persons of a particular description, are not made available to persons generally or, as the case may be, to persons of that description; and
    (c)that appropriate information is, and inappropriate information is not, provided in relation to goods to which this section applies.

  • Consumer Protection Act 2007
    Štát:
    Ireland

    An act to give effect to the Unfair Commercial Practices Directive (Directive no. 2005/29/EC of the European Parliament and of the Council of 11 May 2005), (...)

  • Consumer Rights Act 2015
    Štát:
    United Kingdom

    Section 9 Goods to be of satisfactory quality
    (1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
    (2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
    (a)any description of the goods,
    (b)the price or other consideration for the goods (if relevant), and
    (c)all the other relevant circumstances (see subsection (5)).
    (3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
    (a)fitness for all the purposes for which goods of that kind are usually supplied;
    (b)appearance and finish;
    (c)freedom from minor defects;
    (d)safety;
    (e)durability.
    (4)The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—
    (a)which is specifically drawn to the consumer’s attention before the contract is made,
    (b)where the consumer examines the goods before the contract is made, which that examination ought to reveal, or
    (c)in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the sample.
    (5)The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer.
    (6)That includes, in particular, any public statement made in advertising or labelling.
    (7)But a public statement is not a relevant circumstance for the purposes of subsection (2)(c) if the trader shows that—
    (a)when the contract was made, the trader was not, and could not reasonably have been, aware of the statement,
    (b)before the contract was made, the statement had been publicly withdrawn or, to the extent that it contained anything which was incorrect or misleading, it had been publicly corrected, or
    (c)the consumer’s decision to contract for the goods could not have been influenced by the statement.
    (8)In a contract to supply goods a term about the quality of the goods may be treated as included as a matter of custom.
    (9)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
    Section 10 Goods to be fit for particular purpose
    (1)Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.
    (2)Subsection (3) also applies to a contract to supply goods if—
    (a)the goods were previously sold by a credit-broker to the trader,
    (b)in the case of a sales contract or contract for transfer of goods, the consideration or part of it is a sum payable by instalments, and
    (c)before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.
    (3)The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied.
    (4)Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.
    (5)In a contract to supply goods a term about the fitness of the goods for a particular purpose may be treated as included as a matter of custom.
    (6)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
    Section 11 Goods to be as described
    (1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.
    (2)If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.
    (3)A supply of goods is not prevented from being a supply by description just because—
    (a)the goods are exposed for supply, and
    (b)they are selected by the consumer.
    (4)Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.
    (5)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
    (6)See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.
    (7)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
    Section 12 Other pre-contract information included in contract
    (1)This section applies to any contract to supply goods.
    (2)Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the goods and mentioned in paragraph (a) of Schedule 1 or 2 to the Regulations (main characteristics of goods) is to be treated as included as a term of the contract.
    (3)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
    (4)See section 2(5) and (6) for the application of this section where goods are sold at public auction.
    (5)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in the contract.
    Section 13 Goods to match a sample
    (1)This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.
    (2)Every contract to which this section applies is to be treated as including a term that—
    (a)the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made, and
    (b)the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample.
    (3)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
    Section 14 Goods to match a model seen or examined
    (1)This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract.
    (2)Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer’s attention before the consumer enters into the contract.
    (3)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
    Section 15 Installation as part of conformity of the goods with the contract
    (1)Goods do not conform to a contract to supply goods if—
    (a)installation of the goods forms part of the contract,
    (b)the goods are installed by the trader or under the trader’s responsibility, and
    (c)the goods are installed incorrectly.
    (2)See section 19 for the effect of goods not conforming to the contract.
    Section 16 Goods not conforming to contract if digital content does not conform
    (1)Goods (whether or not they conform otherwise to a contract to supply goods) do not conform to it if—
    (a)the goods are an item that includes digital content, and
    (b)the digital content does not conform to the contract to supply that content (for which see section 42(1)).
    (2)See section 19 for the effect of goods not conforming to the contract.
    Section 17 Trader to have right to supply the goods etc
    (1)Every contract to supply goods, except one within subsection (4), is to be treated as including a term—
    (a)in the case of a contract for the hire of goods, that at the beginning of the period of hire the trader must have the right to transfer possession of the goods by way of hire for that period,
    (b)in any other case, that the trader must have the right to sell or transfer the goods at the time when ownership of the goods is to be transferred.
    (2)Every contract to supply goods, except a contract for the hire of goods or a contract within subsection (4), is to be treated as including a term that—
    (a)the goods are free from any charge or encumbrance not disclosed or known to the consumer before entering into the contract,
    (b)the goods will remain free from any such charge or encumbrance until ownership of them is to be transferred, and
    (c)the consumer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.
    (3)Every contract for the hire of goods is to be treated as including a term that the consumer will enjoy quiet possession of the goods for the period of the hire except so far as the possession may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the consumer before entering into the contract.
    (4)This subsection applies to a contract if the contract shows, or the circumstances when they enter into the contract imply, that the trader and the consumer intend the trader to transfer only—
    (a)whatever title the trader has, even if it is limited, or
    (b)whatever title a third person has, even if it is limited.
    (5)Every contract within subsection (4) is to be treated as including a term that all charges or encumbrances known to the trader and not known to the consumer were disclosed to the consumer before entering into the contract.
    (6)Every contract within subsection (4) is to be treated as including a term that the consumer’s quiet possession of the goods—
    (a)will not be disturbed by the trader, and
    (b)will not be disturbed by a person claiming through or under the trader, unless that person is claiming under a charge or encumbrance that was disclosed or known to the consumer before entering into the contract.
    (7)If subsection (4)(b) applies (transfer of title that a third person has), the contract is also to be treated as including a term that the consumer’s quiet possession of the goods—
    (a)will not be disturbed by the third person, and
    (b)will not be disturbed by a person claiming through or under the third person, unless the claim is under a charge or encumbrance that was disclosed or known to the consumer before entering into the contract.
    (8)In the case of a contract for the hire of goods, this section does not affect the right of the trader to repossess the goods where the contract provides or is to be treated as providing for this.
    (9)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
    Section 18 No other requirement to treat term about quality or fitness as included
    (1)Except as provided by sections 9, 10, 13 and 16, a contract to supply goods is not to be treated as including any term about the quality of the goods or their fitness for any particular purpose, unless the term is expressly included in the contract.
    (2)Subsection (1) is subject to provision made by any other enactment (whenever passed or made).

  • Consumer Rights Protection Law
    Štát:
    Latvia

    Section 2 - purpose of this Law is to ensure that consumers are able to exercise and protect their lawful rights when entering into contracts with manufacturers, sellers or service providers.

  • Federal Act of 8 March 1979 Governing Provisions to Protect Consumers
    Štát:
    Austria
  • Konstytucja Rzeczypospolitej Polskiej
    Štát:
    Poland

    Art. 76Władze publiczne chronią konsumentów, użytkowników i najemców przed działaniami zagrażającymi ich zdrowiu, prywatności i bezpieczeństwu oraz przed nieuczciwymi praktykami rynkowymi. Zakres tej ochrony określa ustawa.

  • Lietuvos Respublikos Konstitucija
    Štát:
    Lithuania

    46 straipsnis. Valstybė gina vartotojo interesus.

  • Magyarország Alaptörvénye
    Štát:
    Hungary

    M) cikk (Alapvetés) […] (2) Magyarország biztosítja a tisztességes gazdasági verseny feltételeit. Magyarország fellép az erőfölénnyel való visszaéléssel szemben, és védi a fogyasztók jogait.

  • Portugal / Constitution of the Portuguese Republic
    Štát:
    Portugal

    Article 52 (Right to petition and right of actio popularis) (1) Every citizen has the right to individually, or jointly with others, submit petitions, representations, claims or complaints in defence of their rights, the Constitution, the laws or the general interest to the entities that exercise sovereignty, the self-government organs of the autonomous regions, or any authority, as well as the right to be informed of the result of the consideration thereof within a reasonable time limit. (2) The law shall lay down the terms under which collective petitions that are submitted to the Assembly of the Republic and the Legislative Assemblies of the autonomous regions are considered in plenary sitting. (3) Everyone is granted the right of actio popularis, including the right to apply for the applicable compensation for an aggrieved party or parties, in the cases and under the terms provided for by law, either personally or via associations that purport to defend the interests in question. The said right may particularly be exercised in order to: (a) Promote the prevention, cessation or judicial prosecution of offences against public health, consumer rights, the quality of life or the preservation of the environment and the cultural heritage; (b) Safeguard the property of the state, the autonomous regions and local authorities.
    ...
    Article 60 (Consumer rights) (1) Consumers have the right to the good quality of the goods and services consumed, to training and information, to the protection of health, safety and their economic interests, and to reparation for damages. (2) Advertising shall be disciplined by law and all forms of concealed, indirect or fraudulent advertising are prohibited. (3) Consumers’ associations and consumer cooperatives have the right, as laid down by law, to receive support from the state and to be consulted in relation to consumer-protection issues, and are accorded legitimatio ad causam in defence of their members or of collective or general interests. 

  • Spain / Constitution of the Kingdom of Spain
    Štát:
    Spain

    Article 51 1. The public authorities shall guarantee the protection of consumers and users and shall, by means of effective measures, safeguard their safety, health and legitimate economic interests. 2. The public authorities shall promote the information and education of consumers and users, foster their organizations, and hear them on those matters affecting their members, under the terms established by law. (…) 3. Within the framework of the provisions of the foregoing paragraphs, the law shall regulate domestic trade and the system of licensing commercial products.

  • Tarbijakaitseseadus
    Štát:
    Estonia

    § 1. Seaduse reguleerimisala.
    (...) (2) Käesolev seadus kehtestatakse tarbija õiguste tagamiseks. (…)

  • The Fundamental Law of Hungary
    Štát:
    Hungary

    Article M (Foundation) […] (2) Hungary shall ensure the conditions for fair economic competition. Hungary shall act against any a buse of a dominant position, and shall protect the rights of consumers.

Právo EÚ

13 results found

  • Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features Text with EEA relevance

    Preamble:
    ‘(25) The process for switching payment accounts should be harmonised across the Union. At present, existing measures at national level are extremely diverse and do not guarantee an adequate level of consumer protection in all Member States. The provision of legislative measures establishing the main principles to be followed by payment service providers when providing such a service in each Member State would improve the functioning of the internal market for both consumers and payment service providers. On the one hand, it would guarantee a level playing field for consumers who may be interested in opening a payment account in a different Member State, as it would ensure that an equivalent level of protection is offered. On the other hand, it would reduce the differences between the regulatory measures in place at national level and would therefore reduce the administrative burden for payment service providers which intend to offer their services on a cross-border basis. As a consequence, the measures on switching would facilitate the provision of services related to payment accounts within the internal market.‘

  • 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

    Article 1 - Subject matter
    ‘This Regulation lays down the conditions under which competent authorities, having been designated by their Member States as responsible for the enforcement of Union laws that protect consumers’ interests, cooperate and coordinate actions with each other and with the Commission, in order to enforce compliance with those laws and to ensure the smooth functioning of the internal market, and in order to enhance the protection of consumers’ economic interests.‘

  • Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC

    Preamble:

    (1) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU. Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection.

    (2) In accordance with Article 26(2) TFEU, the internal market is to comprise an area without internal frontiers in which the free movement of goods and services is ensured. In order for consumers to have confidence in and benefit from the digital dimension of the internal market, it is necessary that they have access to simple, efficient, fast and low-cost ways of resolving disputes which arise from the sale of goods or the supply of services online. This is particularly important when consumers shop cross-border.‘

    (4) Fragmentation of the internal market impedes efforts to boost competitiveness and growth. Furthermore, the uneven availability, quality and awareness of simple, efficient, fast and low-cost means of resolving disputes arising from the sale of goods or provision of services across the Union constitutes a barrier within the internal market which undermines consumers’ and traders’ confidence in shopping and selling across borders.‘

    (13) The definition of ‘consumer’ should cover natural persons who are acting outside their trade, business, craft or profession. However, if the contract is concluded for purposes partly within and partly outside the person’s trade (dual purpose contracts) and the trade purpose is so limited as not to be predominant in the overall context of the supply, that person should also be considered as a consumer.‘

    (14) The definition of ‘online sales or service contract’ should cover a sales or service contract where the trader, or the trader’s intermediary, has offered goods or services through a website or by other electronic means and the consumer has ordered those goods or services on that website or by other electronic means. This should also cover cases where the consumer has accessed the website or other information society service through a mobile electronic device such as a mobile telephone.

    (26) The right to an effective remedy and the right to a fair trial are fundamental rights laid down in Article 47 of the Charter of Fundamental Rights of the European Union. ODR is not intended to and cannot be designed to replace court procedures, nor should it deprive consumers or traders of their rights to seek redress before the courts. This Regulation should not, therefore, prevent parties from exercising their right of access to the judicial system.

    (35) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and specifically Articles 7, 8, 38 and 47 thereof.

    Article 1: Subject matter
    The purpose of this Regulation is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market, and in particular of its digital dimension by providing a European ODR platform (‘ODR platform’) facilitating the independent, impartial, transparent, effective, fast and fair out-of-court resolution of disputes between consumers and traders online.

    Article 12: Processing of personal data

    1. Access to information, including personal data, related to a dispute and stored in the database referred to in Article 11 shall be granted, for the purposes referred to in Article 10, only to the ADR entity to which the dispute was transmitted in accordance with Article 9. Access to the same information shall be granted also to ODR contact points, in so far as it is necessary, for the purposes referred to in Article 7(2) and (4).

    2. The Commission shall have access to information processed in accordance with Article 10 for the purposes of monitoring the use and functioning of the ODR platform and drawing up the reports referred to in Article 21. It shall process personal data of the users of the ODR platform in so far as it is necessary for the operation and maintenance of the ODR platform, including for the purposes of monitoring the use of the ODR platform by ADR entities and ODR contact points.

    3. Personal data related to a dispute shall be kept in the database referred to in paragraph 1 of this Article only for the time necessary to achieve the purposes for which they were collected and to ensure that data subjects are able to access their personal data in order to exercise their rights, and shall be automatically deleted, at the latest, six months after the date of conclusion of the dispute which has been transmitted to the ODR platform in accordance with point (iii) of point (c) of Article 10. That retention period shall also apply to personal data kept in national files by the ADR entity or the ODR contact point which dealt with the dispute concerned, except if the procedural rules applied by the ADR entity or any specific provisions of national law provide for a longer retention period.

    4. Each ODR advisor shall be regarded as a controller with respect to its data processing activities under this Regulation, in accordance with point (d) of Article 2 of Directive 95/46/EC, and shall ensure that those activities comply with national legislation adopted pursuant to Directive 95/46/EC in the Member State of the ODR contact point hosting the ODR advisor.

    5. Each ADR entity shall be regarded as a controller with respect to its data processing activities under this Regulation, in accordance with point (d) of Article 2 of Directive 95/46/EC, and shall ensure that those activities comply with national legislation adopted pursuant to Directive 95/46/EC in the Member State where the ADR entity is established.

    6. In relation to its responsibilities under this Regulation and the processing of personal data involved therein, the Commission shall be regarded as a controller in accordance with point (d) of Article 2 of Regulation (EC) No 45/2001.

    Article 13: Data confidentiality and security

    1. ODR contact points shall be subject to rules of professional secrecy or other equivalent duties of confidentiality laid down in the legislation of the Member State concerned.

    2. The Commission shall take the appropriate technical and organisational measures to ensure the security of information processed under this Regulation, including appropriate data access control, a security plan and a security incident management, in accordance with Article 22 of Regulation (EC) No 45/2001.

    Article 14: Consumer information

    1. Traders established within the Union engaging in online sales or service contracts, and online marketplaces established within the Union, shall provide on their websites an electronic link to the ODR platform. That link shall be easily accessible for consumers. Traders established within the Union engaging in online sales or service contracts shall also state their e-mail addresses.

    2. Traders established within the Union engaging in online sales or service contracts, which are committed or obliged to use one or more ADR entities to resolve disputes with consumers, shall inform consumers about the existence of the ODR platform and the possibility of using the ODR platform for resolving their disputes. They shall provide an electronic link to the ODR platform on their websites and, if the offer is made by e-mail, in that e-mail. The information shall also be provided, where applicable, in the general terms and conditions applicable to online sales and service contracts.

    3. Paragraphs 1 and 2 of this Article shall be without prejudice to Article 13 of Directive 2013/11/EU and the provisions on consumer information on out-of-court redress procedures contained in other Union legal acts, which shall apply in addition to this Article.

    4. The list of ADR entities referred to in Article 20(4) of Directive 2013/11/EU and its updates shall be published in the ODR platform.

    5. Member States shall ensure that ADR entities, the centres of the European Consumer Centres Network, the competent authorities defined in Article 18(1) of Directive 2013/11/EU, and, where appropriate, the bodies designated in accordance with Article 14(2) of Directive 2013/11/EU provide an electronic link to the ODR platform.

    6. Member States shall encourage consumer associations and business associations to provide an electronic link to the ODR platform.

    7. When traders are obliged to provide information in accordance with paragraphs 1 and 2 and with the provisions referred to in paragraph 3, they shall, where possible, provide that information together.

Medzinárodné právo

1 results found

  • The United Nations Guidelines for Consumer Protection (UNGCP) - Revised

    III. General principles
    ‘4. Member States should develop, strengthen or maintain a strong consumer protection policy, taking into account the guidelines set out below and relevant international agreements. In so doing, each Member State must set its own priorities for the protection of consumers in accordance with the economic, social and environmental circumstances of the country and the needs of its population, and bearing in mind the costs and benefits of proposed measures.
    5. The legitimate needs which the guidelines are intended to meet are the following:
    (a) Access by consumers to essential goods and services;
    (b) The protection of vulnerable and disadvantaged consumers;
    (c) The protection of consumers from hazards to their health and safety;
    (d) The promotion and protection of the economic interests of consumers;
    (e) Access by consumers to adequate information to enable them to make informed choices according to individual wishes and needs;
    (f) Consumer education, including education on the environmental, social and economic consequences of consumer choice;
    (g) Availability of effective consumer dispute resolution and redress;
    (h) Freedom to form consumer and other relevant groups or organizations and the opportunity of such organizations to present their views in decision-making processes affecting them;
    (i) The promotion of sustainable consumption patterns;
    (j) A level of protection for consumers using electronic commerce that is not less than that afforded in other forms of commerce;
    (k) The protection of consumer privacy and the global free flow of information.
    6. Unsustainable patterns of production and consumption, particularly in industrialized countries, are the major cause of the continued deterioration of the global environment. All Member States should strive to promote sustainable consumption patterns; developed countries should take the lead in achieving sustainable consumption patterns; developing countries should seek to achieve sustainable consumption patterns in their development process, having due regard for the principle of common but differentiated responsibilities. The special situation and needs of developing countries in this regard should be fully taken into account.
    7. Policies for promoting sustainable consumption should take into account the goals of eradicating poverty, satisfying the basic human needs of all members of society and reducing inequality within and between countries.
    8. Member States should provide or maintain adequate infrastructure to develop, implement and monitor consumer protection policies. Special care should be taken to ensure that measures for consumer protection are implemented for the benefit of all sectors of the population, particularly the rural population and people living in poverty.
    9. All enterprises should obey the relevant laws and regulations of the countries in which they do business. They should also conform to the appropriate provisions of international standards for consumer protection to which the competent authorities of the country in question have agreed. (Hereinafter, references to international standards in the guidelines should be viewed in the context of this paragraph.)
    10. The potential positive role of universities and public and private enterprises in research should be considered when developing consumer protection policies.‘
    IV. Principles for good business practices
    ‘11. The principles that establish benchmarks for good business practices for conducting online and offline commercial activities with consumers are as follows:
    (a) Fair and equitable treatment. Businesses should deal fairly and honestly with consumers at all stages of their relationship, so that it is an integral part of the business culture. Businesses should avoid practices that harm consumers, particularly with respect to vulnerable and disadvantaged consumers;
    (b) Commercial behaviour. Businesses should not subject consumers to illegal, unethical, discriminatory or deceptive practices, such as abusive marketing tactics, abusive debt collection or other improper behaviour that may pose unnecessary risks or harm consumers. Businesses and their authorized agents should have due regard for the interests of consumers and responsibility for upholding consumer protection as an objective;
    (c) Disclosure and transparency. Businesses should provide complete, accurate and not misleading information regarding the goods and services, terms, conditions, applicable fees and final costs to enable consumers to take informed decisions. Businesses should ensure easy access to this information, especially to the key terms and conditions, regardless of the means of technology used;
    (d) Education and awareness-raising. Businesses should, as appropriate, develop programmes and mechanisms to assist consumers to develop the knowledge and skills necessary to understand risks, including financial risks, to take informed decisions and to access competent and professional advice and assistance, preferably from an independent third party, when needed;
    (e) Protection of privacy. Businesses should protect consumers’ privacy through a combination of appropriate control, security, transparency and consent mechanisms relating to the collection and use of their personal data;
    (f) Consumer complaints and disputes. Businesses should make available complaints-handling mechanisms that provide consumers with expeditious, fair, transparent, inexpensive, accessible, speedy and effective dispute resolution without unnecessary cost or burden. Businesses should consider subscribing to domestic and international standards pertaining to internal complaints handling, alternative dispute resolution services and customer satisfaction codes.‘

Informačné materiály

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  • Fundamental Rights Report
    11
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    This focus takes a closer look at the application of the Charter of Fundamental Rights of the European Union, which has been legally binding for 10 years. At EU level, it has gained visibility and sparked a new fundamental rights culture. At national level, awareness and use of the Charter are limited. Courts increasingly use the Charter, showing the impact of this modern instrument. But its use by governments and parliaments remains low. For instance, there is little indication of anyone regularly scrutinising national legislation that transposes EU law for compatibility with the Charter.
  • Report / Paper / Summary
    17
    March
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