Consumer law enforcement:
A priority of the
European Commission,
especially for the Digital
Single Market
Marie-Paule Benassi
Head of Unit , DG JUST
Enforcement of Consumer legislation,
European Consumer Centres
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My unit's objective: to facilitate
concrete enforcement outcomes
Enforcement
of EU
legislation on
Consumers'
economic
rights
Direct
Assistance to
EU consumers
•Facilitating the cooperation of National
enforcers within the EU and beyond
•For the implementation of 19 pieces of EU
legislation
•Covering horizontal consumer rights as well
as sectoral aspects (e.g passenger rights)
•Management of the network of 30 European
Consumer Centres (ECC-Net)
•To help them obtain their rights when
purchasing or travelling cross border
•within the EU , Norway and Iceland
The Commission's economic priorities
Juncker
Commission
Start in Nov 2014
•A new Commission
mandate for Five years
•"Be big on big things "
Focus on Growth
and jobs
•A focus on enforcement
of existing legislation
•A strong consumer
portfolio
The Digital Single
Market (DSM)
•One of the 10 political
priorities
•A strategy to unleash
barriers to e-commerce
•And foster digital
innovation
President Juncker said:
I intend to take, within the first six months of my
mandate, ambitious legislative steps towards a
connected digital single market, notably by swiftly
concluding negotiations on common European
data protection rules; by adding more ambition
to the ongoing reform of our telecoms rules;
by modernising copyright rules in the light of
the digital revolution and changed consumer
behaviour; and by modernising and
simplifying consumer rules for online and
digital purchases.
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Digital Single Market Strategy in 3 parts
The DSM Key strands of action:
1
2
3
• Better access for consumers and businesses to digital goods and
services across Europe
• Focus: copyrights, geoblocking, VAT, parcel delivery, e-commerce
• Creating the right conditions, level playing field and environment
for the digital networks and services to flourish
• Focus: data protection, infrastructure, platforms, telecoms
• Creating an inclusive European Digital Economy and society with
long-term growth potential
• Focus : digitalisation of industry, e-gov, skills
Making consumers feel at home in
the DSM
Evidence
• 44% of EU consumers purchase from a national seller
• 15% from a seller located in another country
• 61% of consumers more confident in making domestic
online purchases
• 38% of consumers confident in buying online from other
EU countries
Way forward
• Harmonisation of consumer rules
• Completing the missing pieces
• Enforcing
-Consumers may under-report
cross-border purchases
How can Enforcement cooperation support the
DSM?
In order to:
Simplify the
business
environment
Remove
enforcement
gaps
Foster
consumer
trust
Address
practices of
big online
players
We should :
• Tackle simultaneously problems
occurring in several Member
States
• Identify issues of common
concern
• Establish the legal framework
• Build common enforcement
positions among EU enforcers
• Develop international cooperation
The Consumer Protection Cooperation
Regulation 2006/2004/EC (CPC)
Protection of consumers’ collective economic
interests
A mechanism to handle concrete crossborder cases
The power to act on behalf of consumers
abroad
Enhanced enforcement through joint actions
Possibilities for international cooperation
CPC achievements since 2007
Tackling issues
concerning
consumers across
Europe
Market
surveillance
4000 websites
checked via
Sweeps since 2007
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CPC Action against
misleading practices in
the "free" marketing of
online games
Jointly addressing issues of
common concern
At the EU level
With big players
Faster and cheaper
The future of the CPC Network
The current framework should
deliver more and faster results
The Review should take into
account the DSM enforcement
challenges
Evidence based prioritisation
Online infringements know
no borders
Enhanced effectiveness of
operations: manuals –
trainings – handling of cases
Numerous intermediaries
More joint enforcement
actions (sweep and others)
Rapid changes of business
models
Intensify exchange of
expertise and international
cooperation
Fraud potential
Commission Report on the
functioning of the CPC Regulation
Adopted on 1 July
2014
Based on previous
work, such as biennial
reports, external
expert evaluation and
public consultation
Highlights
achievements since
2007
Outlines the outcome
of the public
consultation
Points to areas where
improvements are
needed
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Options explored
Methodology to identify infringements
• more efficient alerts, detection of emerging trends
and aligning of priorities
Tool box for cooperation
• additional investigative and enforcement powers,
especially for the DSM
Tackling widespread infringements
• action on EU-level relevant cases concerning several
Member States at the same time
CPC Review Expected benefits
Lower costs and
prices
• governance
gains
• compliance
gains
• less
duplication
of
enforcement
efforts
• purchasing
power gains
for
households
More transparent
and efficient
markets
• more consumer
trust
• more
competition
• level playing
field
• in the Single
Market
• regarding
consumer rules
A drive for
consumer-centered
innovation in the
DSM
More Growth and
competitiveness
• inside and
• outside the EU
CPC Review Expected benefits
Globalised digital
markets
require efficient
cross border
enforcement
cooperation models
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