The 2018 New Deal on Better Enforcement and Modernisation of EU Consumer Law: An Actually Good Digital Deal?

Abstract

As part of its ‘New Deal for Consumers’, the European Commission brought forward, on 11 April 2018, a legislative package comprising of two proposals for directives encompassing substantial reforms in the area of consumer law. The first is a proposal for a directive on better enforcement and modernisation of European Union consumer protection rules. What is really interesting to note is that although this proposal forms part of the “New Deal”, it is not bringing forward purely new legislation but instead amendments to already established EU consumer protection rules that, according to the Commission, are essential for adjusting these legislative documents to the development of the digital sphere. After providing some background information, this chapter proceeds to an analysis of the four fundamental changes brought forward by the Proposal aiming to shed light on the question of whether it improves or not the substance of EU consumer protection legislation. These changes are consumer access to individual remedies for unfair commercial practices, simplifications for businesses, transparency requirements for online marketplaces and the addition of ‘free’ digital services to the scope of the Consumer Rights Directive. This chapter concludes its analysis by answering the question of whether this Proposal forms, after all, a good or a bad digital deal.