Online contracting with consumers
On the occasion of the celebration in yesterday’s World Day of Consumer Rights, which has its origin in the manifestations outlined in the speech delivered on March 15, 1962 by US President John Fitzgerald Kennedy, should make special emphasis on consumer rights in online contracting.
“Being consumer by definition, we inclusive. We are the largest economic group on the market, affecting and affected by almost all economic, public and private decisions; but it is the only important group whose views are often not heard“.
In this sense, the proliferation of digital content and the key factor played by new technologies in today pose a tough challenge for consumer law, which has not been able to respond appropriately and has adapted to the constant changes produced by the e-commerce. However, with the publication in Spain of Law 3/2014, of March 27, following the transposition of Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights dedicated to regulate distance contracts and contracts negotiated away from business premises, a major breakthrough involving the relevant specification and expansion of consumer rights and the need for greater obligations for traders occurs; except mainly on package travel services, financial services, passenger transport with certain peculiarities, gifts and free services.
- Commercial communications:
In all commercial communications distance shall contain unequivocally its commercial nature. Since the entry into force of Law 3/2014 the realization of sales calls (phone spam) on holidays, weekends and working between 21:00 and 9:00 is prohibited. In any case, the sales calls must be made from one telephone number recognizable. Furthermore, the performance of commercial automated calls without human intervention without the express consent of consumers and users are not allowed.
- Pre-contractual and contractual information in online contracts
- Consumer rights in the online contracts