What changed, Directive 2011/83/EU

+ (14a) ‘commercial guarantee of durability’ means a producer’s commercial guarantee of durability as referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of the commercial guarantee of durability for repair or repla…
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+ (14b) ‘durability’ means durability as defined in Article 2, point (13), of Directive (EU) 2019/771;
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+ (14c) ‘producer’ means producer as defined in Article 2, point (4), of Directive (EU) 2019/771;
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+ (14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on harmonised requirements established at Union level;
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+ (14e) ‘software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;
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+ **1b.** In the case of distance contracts concluded between a trader and a consumer for the supply of financial services, only Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Article 6a, Article 8(6), Article 11a, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1) and (6), Art…
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+ With the exception of Article 21, where contracts referred to in the first subparagraph comprise an initial service agreement followed by successive operations, or a series of separate operations, of the same nature, performed over time, the provisions referred to in the first subparagraph shall app…
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+ In the event that there is no initial service agreement but the successive operations, or separate operations, of the same nature performed over time are performed between the same contractual parties, Articles 16a and 16d shall apply only to the first operation.
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+ Where, however, no operation of the same nature is performed for more than one year, the next operation will be deemed to be the first in a new series of operations and, accordingly, Articles 16a and 16d shall apply.
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+ **3.** This Directive shall not apply to contracts:(a) for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including long-term care;(b) for healthcare as defined in point (a) of Article 3 of Directive 2011/24/EU, whether or…
− **3.** This Directive shall not apply to contracts:(a) for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including long-term care;(b) for healthcare as defined in point (a) of Article 3 of Directive 2011/24/EU, whether or…
+ **1.** Before the consumer is bound by a contract other than a distance or an off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner, if that information is not already apparent from the context:(a)…
− **1.** Before the consumer is bound by a contract other than a distance or an off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner, if that information is not already apparent from the context:(a)…
+ **1.** Before the consumer is bound by a distance or off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner:(a) the main characteristics of the goods or services, to the extent appropriate to the me…
− **1.** Before the consumer is bound by a distance or off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner:(a) the main characteristics of the goods or services, to the extent appropriate to the me…
+ **2.** ►M4 If a distance contract to be concluded by electronic means places the consumer under an obligation to pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in Article 6(1), points (…
− **2.** If a distance contract to be concluded by electronic means places the consumer under an obligation to pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in points (a), (e), (o) and (…
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+ ### Article 11a — Exercise of the right of withdrawal from distance contracts concluded by the means of an online interface
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+ **1.** For distance contracts concluded by the means of an online interface, the trader shall ensure that the consumer can also withdraw from the contract by using a withdrawal function.
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+ The withdrawal function shall be labelled with the words ‘withdraw from contract here’ or an unambiguous corresponding formulation in an easily legible way. The withdrawal function shall be continuously available throughout the withdrawal period. It shall be prominently displayed on the online inter…
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+ **2.** The withdrawal function shall enable the consumer to send an online withdrawal statement informing the trader of his or her decision to withdraw from the contract. That online withdrawal statement shall enable the consumer to easily provide or confirm the following information:(a) his or her …
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+ **3.** Once the consumer has completed the online withdrawal statement in accordance with paragraph 2, the trader shall enable the consumer to submit it to him by means of a confirmation function.
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+ That confirmation function shall be labelled in an easily legible manner, and only with the words ‘confirm withdrawal’ or with an unambiguous corresponding formulation.
+ **4.** Once the consumer activates the confirmation function, the trader shall send to the consumer an acknowledgement of receipt of the withdrawal on a durable medium, including its content and the date and time of its submission, without undue delay.
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+ **5.** The consumer shall be considered to have exercised his or her right of withdrawal within the relevant withdrawal period if he or she submitted the online withdrawal statement referred to in this Article before that period expired.
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+ 
+ ## CHAPTER IIIa — Rules concerning financial services contracts concluded at a distance
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+ ### Article 16a — Information requirements for distance contracts for consumer financial services
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+ **1.** In good time before the consumer is bound by a distance contract, or any corresponding offer, the trader shall provide the consumer, in a clear and comprehensible manner, with the following information:(a) the identity and the main business of the trader and, where applicable, the identity an…
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+ **2.** Member States may maintain or introduce in their national law language requirements regarding the information referred to in paragraph 1, so as to ensure that such information is easily understood by the consumer.
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+ **3.** In the case of voice telephony communications, the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any call with the consumer. When a call is being recorded, or might be recorded, the trader shall also no…
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+ **4.** By way of derogation from paragraph 1, in the case of voice telephony communications as referred to in paragraph 3, if the consumer explicitly agrees, the trader may provide only the information referred to in points (a), (f), (g), (k) and (p) of paragraph 1 before the consumer is bound by th…
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+ **5.** In the event that the information referred to in paragraph 1 is provided less than one day before the consumer is bound by the distance contract, Member States shall require that the trader sends a reminder to the consumer of the possibility to withdraw from the distance contract and of the p…
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+ **6.** The information referred to in paragraph 1 shall be provided to the consumer on a durable medium and be easy to read.
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+ The information referred to in paragraph 1 shall be provided upon request in an appropriate and accessible format to consumers with disabilities, including those with a visual impairment.
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+ **7.** Except for the information referred to in paragraph 1, points (a), (f), (g), (k), and (p), the trader shall be permitted to layer the information where it is provided by electronic means.
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+ Where information is layered, it shall be possible to view, save and print the information referred to in paragraph 1 as one single document.
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+ In such cases, the trader shall ensure that the consumer is presented with all the pre-contractual information referred to in paragraph 1 before the conclusion of the distance contract.
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+ **8.** As regards compliance with the information requirements laid down in this Article, the burden of proof shall be on the trader.
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+ **9.** Member States may adopt or maintain more stringent provisions on pre-contractual information requirements than those referred to in this Article, when the provisions are in conformity with Union law.
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+ **10.** Where another Union act governing specific financial services contains rules on the information to be provided to the consumer prior to the conclusion of the contract, only the rules of that Union act shall apply to those specific financial services, irrespective of the level of detail of th…
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+ Where that other Union act does not contain rules on information about the right of withdrawal, the trader shall inform the consumer about the existence or absence of such a right in accordance with paragraph 1, point (p).
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+ ### Article 16b — Right of withdrawal from distance contracts for financial services
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+ **1.** Member States shall ensure that the consumer has a period of 14 calendar days to withdraw from a contract without penalty and without giving any reason. That period shall be extended to 30 calendar days in distance contracts relating to personal pension operations.
+ The withdrawal period referred to in the first subparagraph shall begin either:
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+ (a) from the day of the conclusion of the distance contract; or
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+ (b) from the day on which the consumer receives the contractual terms and conditions and the information in accordance with Article 16a, if that is later than the date in point (a) of this subparagraph. If the consumer has not received the contractual terms and conditions and the information in acco…
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+ **2.** The right of withdrawal shall not apply to the following:(a) consumer financial services whose price depends on fluctuations in the financial market outside the trader’s control, which might occur during the withdrawal period, such as services related to:— foreign exchange,— money market inst…
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+ **3.** The consumer shall be considered to have exercised his or her right of withdrawal within the withdrawal period referred to in paragraph 1 if he or she has sent the communication concerning the exercise of the right of withdrawal before that period expired.
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+ **4.** Where an ancillary service relating to the distance contract for financial service is provided by the trader or by a third party on the basis of an agreement between that third party and the trader, the consumer shall not be bound by the ancillary contract if the consumer exercises his or her…
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+ **5.** This Article shall be without prejudice to any rule of national law establishing a period of time during which the performance of the contract may not begin.
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+ **6.** Where another Union act governing specific financial services contains rules on the right of withdrawal, only rules of that Union act on the right of withdrawal shall apply to those specific financial services, unless otherwise provided in that other Union act. Where that other Union act give…
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+ **7.** By way of derogation from this Article, Member States may choose to instead apply the following provisions to the following financial services with regard to the right of withdrawal or a reflection period:(a) Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council …
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+ ### Article 16c — Payment of the service provided before withdrawal
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+ **1.** Where the consumer exercises the right of withdrawal under Article 16b, the consumer may only be required to pay for the service actually provided by the trader in accordance with the distance contract. The consumer shall pay for that service without undue delay. The amount payable shall not:…
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+ **2.** Member States may provide that consumers cannot be required to pay any amount for withdrawing from an insurance contract.
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+ **3.** The trader may not require the consumer to pay any amount on the basis of paragraph 1 of this Article unless the trader can prove that the consumer was duly informed about the amount payable, in accordance with Article 16a(1), point (p). However, the trader may not require such payment if the…
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+ **4.** The trader shall, without any undue delay and no later than within 30 calendar days of the date on which the trader receives the notification of withdrawal, return to the consumer any sums the trader has received from him or her in accordance with the distance contract, except for the amount …
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+ **5.** The consumer shall return to the trader any sums he or she has received from the trader without any undue delay and no later than within 30 calendar days of the date on which the consumer withdraws from the contract.
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+ ### Article 16d — Adequate explanations
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+ **1.** Member States shall ensure that traders are required to provide adequate explanations to the consumer concerning the proposed financial services contracts that make it possible for the consumer to assess whether the proposed contract and ancillary services are adapted to his or her needs and …
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+ **2.** Member States may specify the manner in which, as well as the extent to which, the explanations referred to in paragraph 1 are given. Member States may adapt the manner and the extent to the circumstances of the situation in which the financial service is offered, the person to whom it is off…
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+ **3.** Member States shall ensure that, in the event that the trader uses online tools, the consumer shall have a right to request and to obtain human intervention at the pre-contractual stage, and in justified cases after the distance contract has been concluded, in the same language as that used f…
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+ **4.** As regards compliance with the adequate explanation requirements laid down in this Article, the burden of proof shall be on the trader.
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+ **5.** Where another Union act governing specific financial services contains rules on the adequate explanations to be provided to the consumer, only rules on the adequate explanations of that Union act shall apply to those specific financial services, unless otherwise provided in that Union act.
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+ ### Article 16e — Additional protection regarding online interfaces
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+ **1.** Without prejudice to Directive 2005/29/EC and Regulation (EU) 2016/679, Member States shall ensure that traders, when concluding financial services contracts at a distance, do not design, organise or operate their online interfaces, as defined in Article 3(m) of Regulation (EU) 2022/2065 of t…
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+ **2.** Member States may adopt or maintain more stringent provisions regarding the requirements for traders set out in paragraph 1, when the provisions are in conformity with Union law.
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+ 
+ ### Article 22a — Harmonised notice and harmonised label
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+ **1.** In order to ensure that consumers are well informed and can easily understand their rights throughout the Union, a harmonised notice shall be used for the provision of information pursuant to Article 5(1), point (e), and Article 6(1), point (l), and a harmonised label shall be used for the pr…
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+ **2.** By 27 September 2025 the Commission shall, by means of implementing acts, specify the design and content of the harmonised notice referred to in paragraph 1.
+ **3.** The harmonised notice shall contain the main elements of the legal guarantee of conformity, including its minimum duration of two years as provided in Directive (EU) 2019/771 and a general reference to the possibility that the duration of the legal guarantee of conformity is longer under nati…
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+ **4.** By 27 September 2025 the Commission shall, by means of implementing acts, specify the design and content of the harmonised label referred to in paragraph 1.
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+ **5.** The harmonised notice and the harmonised label shall be easily recognisable and understandable for consumers and easy to use and reproduce for traders.
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+ **6.** Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27a.
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+ **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…
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+ **6.** With regard to infringements of the measures adopted pursuant to the provisions referred to in Article 3(1b) applicable to distance contracts for consumer financial services, Member States shall ensure that, when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 201…
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+ ### Article 27a — Committee procedure
+ **1.** The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (13).
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+ **2.** Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
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+ **1.** Where a Member State makes use of any of the regulatory choices referred to in Article 3(4), Article 6(7), Article 6(8), Article 7(4), Article 8(6), Article 9(1a) and (3), Article 16, second and third paragraphs, Article 16a(2) and (9), Article 16b(7) and Article 16e, it shall inform the Comm…
− **1.** Where a Member State makes use of any of the regulatory choices referred to in Article 3(4), Article 6(7), Article 6(8), Article 7(4), Article 8(6), Article 9(1a), Article 9(3) and the second and third paragraphs of Article 16, it shall inform the Commission thereof by 28 November 2021, as we…
+ Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (14) and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
− Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (8) and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.