
When selling directly to consumers, whether through online platforms or traditional methods, providing clear and accurate information is paramount. This applies not only to physical products but also to digital goods like courses, ebooks, and apps.
1. Rationale: Leveling the Playing Field
Asymmetry of information can disadvantage consumers. For example, a seller with expertise in a specific product area, like custom t-shirt creation, may hold more knowledge about materials and shipping costs than their customers. This necessitates clear communication to ensure informed decision-making.
2. Legal Framework: Consumer Rights Directive
The Consumer Rights Directive, established in 2011 (articles 3 – 4(i) Law No. 2251/1994 as amended), provides a legal framework for consumer protection, particularly in online and off-premises sales. This directive outlines specific information sellers must disclose to customers.
3. Key Information Requirements
Sellers are obligated to provide customers with comprehensive information, including:
- Product/Service Details: A clear description of the product or service, including its composition and features for physical goods or the content and format for digital offerings.
- Seller Contact Information: Readily accessible contact details, including address and email. For home-based businesses, utilizing a virtual business address is a viable solution.
- Consumer Rights: Information about consumer rights, such as the 14-day return policy without justification. This list is not exhaustive, as the law outlines a broader range of mandatory disclosures.
4. Digital Services Act: Enhanced Transparency for Online Sales
The recent Digital Services Act (Regulation (EU) 2022/2065 - Law no. 5099/2024) further strengthens information requirements for online sellers operating on platforms like social media. This aims to enhance transparency and combat online scams, particularly relevant considering the significant financial losses incurred by consumers through social media scams in 2021.
5. Information Sharing on Social Media Platforms
Sellers utilizing social media platforms for sales must provide the platform with specific information, such as:
- Seller Identification: Name, address, phone number, and email address.
- Proof of Identity: Verification documents like passport or ID card.
- Payment Account Details: Information about the payment account used for transactions.
- Business Registration: Applicable business registration details.
- EU Compliance Commitment: A pledge to adhere to EU regulations governing product sales.
This information facilitates platform identification of sellers and enables the removal of fraudulent actors, particularly as social media platforms increasingly integrate direct purchasing functionalities.
6. Prioritizing Safety: General Product Safety Regulation
The General Product Safety Regulation ensures the availability of safe products only. Sellers can utilize the EU's Safety Gate tool to verify the safety status of their products.
7. Compliance: Benefits and Importance
Understanding and adhering to information duties and consumer contract regulations helps sellers avoid legal repercussions, including fines. More importantly, it fosters trust with customers and contributes to a safer marketplace for all.
The information presented is based on the data available at the time of writing. There is no commitment to update or modify the text after the initial publication. The user bears full responsibility for assessing and using the information. Provision of legal advice or assumption of liability towards third parties is limited to clients who have entered into a relevant cooperation with the office.