Omnibus Directive protects consumers rights in online purchases
With the entry into force of Legislative Decree no. 26 of March 7, 2023, known as the “Omnibus Decree,” Italy transposed Directive Omnibus (EU) 2019/2161 of November 27, 2019. Such decree introduced significant amendments to the Italian Consumer Code (Legislative Decree no. 206/2005) to ensure a better protection to consumers in online purchases.
How to fairly communicate price reductions in the web shops?
One of the most significant innovations concerns transparency in communicating discounted prices. According to Article 17 bis, para. 1 of the Italian Consumer Code, as amended by the Omnibus Decree, professionals must indicate not only the percentage discount but also the lowest price applied in the thirty days preceding the reduction. This provision aims to provide consumers with clear and complete information about the true benefits offered by promotions.
However, exceptions are provided for perishable food products to avoid excessive complexity in commercial communications concerning such products.
Fighting unfair competition practices and online reviews
The European Omnibus Directive has introduced new provisions to fight deceptive commercial practices. Among these is the regulation of “Dual Quality,” which prohibits the promotion of goods as identical if there are significant differences between them in composition and characteristics.
Furthermore, stricter rules have been established for managing online reviews. As a consequence, it is now mandatory to indicate whether reviews come from consumers who have actually purchased the product, and sellers must take measures to verify the authenticity of such reviews.
Finally, the decree introduces harmonized sanctions at the European level for unfair commercial practices, ensuring greater uniformity in the application of sanctions among the Member States of the European Union.
On one hand the Omnibus Directive protects consumers online purchases, on the other hand it imposes the adoption of fair communications in order to push the e-commerce market.
Harmonized monetary sanctions
Monetary sanctions have been harmonized at the European level, with an increase in the maximum fine up to 10 million euros for violations of unfair commercial practices.
The sanctions are calculated considering various parameters, such as the nature and seriousness of the violation, the efforts of the professional to remedy the damage, and previous infringements.
Moreover, greater protections for consumers have been introduced, including the possibility of recourse to the ordinary judge to obtain proportionate and effective remedies in case of injuries suffered, such as compensation for damages or contract termination.
In conclusion, the Omnibus Decree represents a significant step forward in protecting consumers in online purchases, introducing clearer and stricter rules to counter unfair commercial practices and ensure greater transparency and fairness in the relationships between sellers and buyers.