CONSUMER
Consumer Rights Act 2022
CONSUMER
Consumer Rights Act 2022
Origin
Directive (EU) 2019/770 on contracts for the supply of digital content and digital services
Directive (EU) 2019/771 on contracts for the sale of goods
Directive (EU) 2019/2161 on the better enforcement and modernisation of Union consumer protection rules (Omnibus Directive)
General overview
The Omnibus Directive was implemented into Irish law by the Consumer Rights Act 2022. It brings with it a number of key changes, for example:
- New rules on online reviews: prohibition on the publication of fake reviews and endorsements or misrepresentations. There is an obligation on traders to take “reasonable and proportionate" steps to verify reviews.
- Price reduction promotions: price reduction must indicate the prior price applied at least 30 days before the reduction.
- Enhanced rights for free digital services: extension of consumer law rights to users of FREE digital services and content such as online games or social media apps.
- Information requirements on online markets: requirement to provide information on how search results are ranked or if there has been any paid results.
- Fines: a minimum of 4% of a seller’s annual turnover in the relevant Member State or €2 million.
The Consumer Rights Act 2022 (CRA) significantly reshapes the Irish consumer law framework through the implementation of a number of EU Directives and the amendment of certain aspects of existing national consumer protection legislation.
This includes the introduction of a "blacklist" of terms which will always be considered to be unfair to consumers, in consumer T&Cs, together with an expansion of the current "grey list" of unfair terms (i.e. those terms that are presumed to be unfair).
A key element of the CRA is the extension of consumer protection rights to digital services.
The CRA also introduces a number of new offences together with the provision for increased enforcement powers to the Competition and Consumer Protection Commission (CCPC).
Status
Act signed into law by the President on 7 November 2022 & commenced on 29 November 2022 Section 161 on the consumer’s right to price reduction and termination of contracts not yet commenced
ACT IN FORCE
(S. 161 OUTSTANDING)