What changed, Directive 2005/29/EC

+ (ca) ‘goods’ means goods as defined in Article 2, point (5), of Directive (EU) 2019/771 of the European Parliament and of the Council (1);
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+ (n) ‘online marketplace’ means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers;
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+ (o) ‘environmental claim’ means any message or representation which is not mandatory under Union or national law, in any form, including text, pictorial, graphic or symbolic representation, such as labels, brand names, company names or product names, in the context of a commercial communication, and…
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+ (p) ‘generic environmental claim’ means any environmental claim made in written or oral form, including through audiovisual media, that is not included on a sustainability label and where the specification of the claim is not provided in clear and prominent terms on the same medium;
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+ (q) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business by reference to its environmental or social characteristics, or both, and excludes any mandatory label required under…
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+ (r) ‘certification scheme’ means a third-party verification scheme that certifies that a product, process or business complies with certain requirements, that allows for the use of a corresponding sustainability label, and the terms of which, including its requirements, are publicly available and me…
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+ (s) ‘recognised excellent environmental performance’ means environmental performance compliant with Regulation (EC) No 66/2010 of the European Parliament and of the Council (2) or with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in the Member States, or top en…
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+ (t) ‘durability’ means durability as defined in Article 2, point (13), of Directive (EU) 2019/771;
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+ (u) ‘software update’ means an update that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directive (EU) 2019/770 of the European Parliament and of the Council (3) and Directive (EU) 2019/771, including a security update, or a …
+ (v) ‘consumable’ means any component of a good that is used up recurrently and that needs to be replaced or replenished for the good to function as intended;
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+ (w) ‘functionality’ means functionality as defined in Article 2, point (9), of Directive (EU) 2019/771.
− (n) ‘online marketplace’ means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers.
+ **1.** A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of …
− **1.** A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of …
+ **2.** A commercial practice shall also be regarded as misleading if, in its factual context, taking account of all its features and circumstances, it causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise, and it involves:(a) any ma…
− **2.** A commercial practice shall also be regarded as misleading if, in its factual context, taking account of all its features and circumstances, it causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise, and it involves:(a) any ma…
+ **4a.** When providing consumers with the possibility to search for products offered by different traders or by consumers on the basis of a query in the form of a keyword, phrase or other input, irrespective of where transactions are ultimately concluded, general information, made available in a spe…
− **4a.** When providing consumers with the possibility to search for products offered by different traders or by consumers on the basis of a query in the form of a keyword, phrase or other input, irrespective of where transactions are ultimately concluded, general information, made available in a spe…
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+ **7.** Where a trader provides a service which compares products and provides the consumer with information on environmental or social characteristics or on circularity aspects, such as durability, reparability or recyclability, of the products or suppliers of those products, information about the m…
+ **2.** Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:(a) the nature, gravity, scale and duration of the infringement;(b) any action taken by the trader to mitigate or remedy the damage su…
− **2.** Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:(a) the nature, gravity, scale and duration of the infringement;(b) any action taken by the trader to mitigate or remedy the damage su…
+ 2. In the Annex to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of the consumer protection law (the Regulation on consumer protection cooperation) (7) the following point shal…
− 2. In the Annex to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of the consumer protection law (the Regulation on consumer protection cooperation) (4) the following point shal…