Key topics - Osborne Clarke

The New Deal for Consumers

The New Deal for Consumers is an overhaul of consumer law, giving it more teeth against non-compliant businesses, and bringing EU legislation (some of which was passed in the 90s) up to date for our modern, digital markets.

One of the most significant changes brought by the Consumer Omnibus Directive is the introduction of "GDPR-inspired" fines, meaning that national regulators may impose fines of not less than 4% of a trader's annual turnover (in the affected EU Member State(s)) in the event of 'widespread' consumer law infringements. This, combined with the proposed collective action enforcement mechanism, means that consumer law compliance is set to become a board level issue.

Going forward companies should be looking to achieve compliance by design for new products and services, and should start to review compliance for existing products and services now – to avoid scrambling to achieve compliance in advance of the deadline as was often the case with GDPR.

What is the New Deal for Consumers?

Fines over 4% turnover loom for breaches

Class actions for compensation

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Financial Services

International Funds Legal Update | 8 November 2023

The future of the UK regime for asset management, assessment of value requirements, liquidity management rules, and more

08/11/2023

Read time 8m

Retail and Consumer

What are the pitfalls of modification clauses for tech businesses in Poland?

Platforms in Poland face strict consumer protection rules when changing contract terms

22/08/2023

Read time 2m

Retail and Consumer

Polish watchdog investigates practices in the fast-moving consumer goods sector

Businesses face new legal challenges over dark patterns practices and need to take notice of consumer protection regulations

16/06/2023

Read time 2m

Retail and Consumer

Polish consumer watchdog has an eye on unfair complaint processes and future AI use

Entrepreneurs should remember that the complaint procedure may not limit consumer rights

26/04/2023

Commercial

EU consumer group calls for ban on food climate-neutral claims

Advertisers need to be cautious about carbon-neutral food claims amid an increasing desire to crackdown on greenwashing

21/04/2023

Read time 4m

Dark Patterns

Permanent promotions mislead consumers, says Poland's consumer protection watchdog

Promotions cannot be advertised without time limits as it can create a false impression in consumers and constitute dark pattern

04/04/2023

Read time 3m

Financial Services

International Funds Legal Update | 31 March 2023

FCA delays the UK's sustainability disclosure rules, Spring Budget 2023, and the economic climate and EU funds

31/03/2023

Read time 9m

Financial Services

UK government moves to regulate promotion of cryptoassets

Marketing of in-scope digital assets will be subject to restriction long familiar to wider financial services sector

30/03/2023

Read time 3m

Regulatory and compliance

Europe steps up 'greenwashing' vigilance with new directive proposal

What does a Green Claims Directive mean for business and what is the regulatory 'state of play' in Europe and...

23/03/2023

Read time 6m

Financial Services

Financial Conduct Authority lays down clear priorities for UK payments sector

UK financial services regulator warns of 'unacceptable risk' that some payments firms pose to customers and the financial system's stability

23/03/2023

Read time 4m

Retail and Consumer

Polish consumer watchdog targets e-commerce in the entertainment industry

Companies must pay attention to whether they communicate online with the consumer in a comprehensive manner

22/03/2023

Read time 3m

Financial Services

New rules on advertisements for virtual currencies in Belgium

Reforms coming into force in May will provide a new legal framework for cryptocurrency ads to protect Belgian consumers

21/03/2023

Read time 4m

Retail and Consumer

Consumer credit reform in the UK: where now?

A consultation response is likely later in 2023 but reform could transform consumer and small business finance markets

20/03/2023

Read time 4m

Retail and Consumer

Italy implements the 'Omnibus' Directive

New information requirements, unfair commercial practices and sanctions are among the provisions that apply from April

20/03/2023

Read time 2m

Retail and Consumer

UK's Ofcom opens consultation on HFSS advertising restrictions

The ASA has been confirmed as the regulator primarily responsible for enforcement, including for material online

06/03/2023

Read time 3m

Dark Patterns

Dark patterns and sustainability remain a target for Poland's consumer protection authority

Entrepreneurs in Poland need to be aware that consumer protection probes and proceedings are not slowing down

15/02/2023

Read time 4m

Commercial

Enforcement risks mount in Germany for comparison and intermediary platforms

German watchdog is pursuing misleading behaviour and lack of transparency on ranking, reviews and market coverage

08/02/2023

Read time 2m

Tech, Media and Comms

A new reality dawns for Polish e-commerce in 2023

Businesses and consumers in Poland will need to adjust to the implementation of three new European regulations

10/01/2023

Read time 4m

Digitalisation

UK regulators ask how AI and Big Tech can transform financial services

Is reform needed following Big Tech's entry into financial services and the introduction of AI and machine learning?

25/11/2022

Read time 5m

Competition, antitrust and trade

UK to legislate to empower Digital Markets Unit and to protect consumers

The government will update consumer law and equip the new unit with powers to regulate powerful digital firms

21/11/2022

Read time 3m

Competition, antitrust and trade

A New Deal for UK consumers?

A government consultation is proposing an overhaul of UK consumer and competition law policy.

23/07/2021

Read time 8m

Urban Mobility

Mobility as a Service Podcast | What are the consumer law considerations in MaaS?

12/04/2021

Read time 1m

The New Deal for Consumers

OC Consumer Briefing | What implications does the New Deal for Consumers have for the "dual quality" products sold in the EU and what steps do businesses need to take to comply?

The New Deal for Consumers introduces new legislation designed to protect consumers from receiving goods which are of an inferior...

17/03/2021

Read time 1m

The New Deal for Consumers

What is the New Deal For Consumers?

As the 'New Deal for Consumers' navigates the EU's legislative process, what is the progress so far, what prompted the...

01/12/2020

Read time 3m

The New Deal for Consumers

Are you getting ready for the New Deal for Consumers?

It's time to start planning for the reforms that are introducing 'GDPR level' fines for breaches of consumer law –...

08/10/2020

Read time 4m

The New Deal for Consumers

OC Consumer Briefing on search result transparency: What do businesses need to do to come out on top?

The New Deal for Consumer introduces new transparency obligations for businesses, including a requirement to disclose their search ranking criteria...

17/08/2020

Read time 1m

The New Deal for Consumers

OC Consumer Briefings | What is the impact of Class Actions for Compensation coming to the EU?

The EU has now published its long-awaited draft proposal to create a means for EU consumers to get compensation through...

21/07/2020

Read time 1m

Tech, Media and Comms

OC Consumer Briefings | How will online interface orders impact the enforcement of consumer law?

10/07/2020

Read time 2m

The New Deal for Consumers

Online Interface Orders: a new enforcement option for the CMA

17/06/2020

Read time 1m

The New Deal for Consumers

Huge GDPR-style fines loom for breaches of consumer law across Europe

Consumer-facing businesses need to focus on compliance as the 'New Deal for Consumers' Omnibus Directive is rolled out and regulators...

28/05/2020

Read time 4m

Retail and Consumer

EU debates new Directive on consumer representative actions

15/04/2020

Read time 2m

Commercial

Consumer Update | May 2019

02/05/2019

Read time 10m

In-House Lawyer Day

What was driving the legal and business agenda in 2018, and what's coming up in 2019?

As we look forward to 2019, what has been driving the agenda over the past 12 months? Which issues will...

17/12/2018

Read time 5m

IT and data

New Deal for Consumers: European Data Protection Supervisor concerned reforms could undermine GDPR

In an Opinion published on 5 October 2018, the European Data Protection Supervisor has raised concerns and made some significant...

07/11/2018

Read time 3m

Commercial

New Deal for Consumers | EU proposes substantial reforms to consumer law, including GDPR-level fines

19/04/2018

Read time 5m

View all insights

Financial Services

International Funds Legal Update | 8 November 2023

The future of the UK regime for asset management, assessment of value requirements, liquidity management rules, and more

08/11/2023

Read time 8m

Retail and Consumer

What are the pitfalls of modification clauses for tech businesses in Poland?

Platforms in Poland face strict consumer protection rules when changing contract terms

22/08/2023

Read time 2m

Retail and Consumer

Polish watchdog investigates practices in the fast-moving consumer goods sector

Businesses face new legal challenges over dark patterns practices and need to take notice of consumer protection regulations

16/06/2023

Read time 2m

Retail and Consumer

Polish consumer watchdog has an eye on unfair complaint processes and future AI use

Entrepreneurs should remember that the complaint procedure may not limit consumer rights

26/04/2023

Commercial

EU consumer group calls for ban on food climate-neutral claims

Advertisers need to be cautious about carbon-neutral food claims amid an increasing desire to crackdown on greenwashing

21/04/2023

Read time 4m

Dark Patterns

Permanent promotions mislead consumers, says Poland's consumer protection watchdog

Promotions cannot be advertised without time limits as it can create a false impression in consumers and constitute dark pattern

04/04/2023

Read time 3m

Financial Services

International Funds Legal Update | 31 March 2023

FCA delays the UK's sustainability disclosure rules, Spring Budget 2023, and the economic climate and EU funds

31/03/2023

Read time 9m

Financial Services

UK government moves to regulate promotion of cryptoassets

Marketing of in-scope digital assets will be subject to restriction long familiar to wider financial services sector

30/03/2023

Read time 3m

Regulatory and compliance

Europe steps up 'greenwashing' vigilance with new directive proposal

What does a Green Claims Directive mean for business and what is the regulatory 'state of play' in Europe and...

23/03/2023

Read time 6m

Financial Services

Financial Conduct Authority lays down clear priorities for UK payments sector

UK financial services regulator warns of 'unacceptable risk' that some payments firms pose to customers and the financial system's stability

23/03/2023

Read time 4m

Retail and Consumer

Polish consumer watchdog targets e-commerce in the entertainment industry

Companies must pay attention to whether they communicate online with the consumer in a comprehensive manner

22/03/2023

Read time 3m

Financial Services

New rules on advertisements for virtual currencies in Belgium

Reforms coming into force in May will provide a new legal framework for cryptocurrency ads to protect Belgian consumers

21/03/2023

Read time 4m

Retail and Consumer

Consumer credit reform in the UK: where now?

A consultation response is likely later in 2023 but reform could transform consumer and small business finance markets

20/03/2023

Read time 4m

Retail and Consumer

Italy implements the 'Omnibus' Directive

New information requirements, unfair commercial practices and sanctions are among the provisions that apply from April

20/03/2023

Read time 2m

Retail and Consumer

UK's Ofcom opens consultation on HFSS advertising restrictions

The ASA has been confirmed as the regulator primarily responsible for enforcement, including for material online

06/03/2023

Read time 3m

Dark Patterns

Dark patterns and sustainability remain a target for Poland's consumer protection authority

Entrepreneurs in Poland need to be aware that consumer protection probes and proceedings are not slowing down

15/02/2023

Read time 4m

Commercial

Enforcement risks mount in Germany for comparison and intermediary platforms

German watchdog is pursuing misleading behaviour and lack of transparency on ranking, reviews and market coverage

08/02/2023

Read time 2m

Tech, Media and Comms

A new reality dawns for Polish e-commerce in 2023

Businesses and consumers in Poland will need to adjust to the implementation of three new European regulations

10/01/2023

Read time 4m

Digitalisation

UK regulators ask how AI and Big Tech can transform financial services

Is reform needed following Big Tech's entry into financial services and the introduction of AI and machine learning?

25/11/2022

Read time 5m

Competition, antitrust and trade

UK to legislate to empower Digital Markets Unit and to protect consumers

The government will update consumer law and equip the new unit with powers to regulate powerful digital firms

21/11/2022

Read time 3m

Competition, antitrust and trade

A New Deal for UK consumers?

A government consultation is proposing an overhaul of UK consumer and competition law policy.

23/07/2021

Read time 8m

Urban Mobility

Mobility as a Service Podcast | What are the consumer law considerations in MaaS?

12/04/2021

Read time 1m

The New Deal for Consumers

OC Consumer Briefing | What implications does the New Deal for Consumers have for the "dual quality" products sold in the EU and what steps do businesses need to take to comply?

The New Deal for Consumers introduces new legislation designed to protect consumers from receiving goods which are of an inferior...

17/03/2021

Read time 1m

The New Deal for Consumers

What is the New Deal For Consumers?

As the 'New Deal for Consumers' navigates the EU's legislative process, what is the progress so far, what prompted the...

01/12/2020

Read time 3m

The New Deal for Consumers

Are you getting ready for the New Deal for Consumers?

It's time to start planning for the reforms that are introducing 'GDPR level' fines for breaches of consumer law –...

08/10/2020

Read time 4m

The New Deal for Consumers

OC Consumer Briefing on search result transparency: What do businesses need to do to come out on top?

The New Deal for Consumer introduces new transparency obligations for businesses, including a requirement to disclose their search ranking criteria...

17/08/2020

Read time 1m

The New Deal for Consumers

OC Consumer Briefings | What is the impact of Class Actions for Compensation coming to the EU?

The EU has now published its long-awaited draft proposal to create a means for EU consumers to get compensation through...

21/07/2020

Read time 1m

Tech, Media and Comms

OC Consumer Briefings | How will online interface orders impact the enforcement of consumer law?

10/07/2020

Read time 2m

The New Deal for Consumers

Online Interface Orders: a new enforcement option for the CMA

17/06/2020

Read time 1m

The New Deal for Consumers

Huge GDPR-style fines loom for breaches of consumer law across Europe

Consumer-facing businesses need to focus on compliance as the 'New Deal for Consumers' Omnibus Directive is rolled out and regulators...

28/05/2020

Read time 4m

Retail and Consumer

EU debates new Directive on consumer representative actions

15/04/2020

Read time 2m

Commercial

Consumer Update | May 2019

02/05/2019

Read time 10m

In-House Lawyer Day

What was driving the legal and business agenda in 2018, and what's coming up in 2019?

As we look forward to 2019, what has been driving the agenda over the past 12 months? Which issues will...

17/12/2018

Read time 5m

IT and data

New Deal for Consumers: European Data Protection Supervisor concerned reforms could undermine GDPR

In an Opinion published on 5 October 2018, the European Data Protection Supervisor has raised concerns and made some significant...

07/11/2018

Read time 3m

Commercial

New Deal for Consumers | EU proposes substantial reforms to consumer law, including GDPR-level fines

19/04/2018

Read time 5m

View all insights

John Davidson-Kelly

Partner, International Sub-sector Leader, Media & Entertainment and Digital Regulation, UK

+44 20 7105 7024 Email John Full biog

Claire Bouchenard

Partner IP, Advertising and Marketing, France

+33 1 84 82 45 30 Email Claire Full biog

Rafael García del Poyo

Partner, Spain

+34 91 576 44 76 Email Rafael Full biog

Konstantin Ewald

Partner, Head of Tech, Media and Comms, Germany

+49 221 5108 4160 Email Konstantin Full biog

Gianluigi Marino

Partner, Head of Digitalisation, Italy

+39 02 5413 1769 Email Gianluigi Full biog

Thomas Stables

Senior Associate, UK

+44 207 105 7928 Email Thomas Full biog

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