Zbornik Radova: Pravni Fakultet u Novom Sadu (Jan 2024)
Structural and content reform of distance selling rules
Abstract
The subject of the article are the rules on distance selling contained in the newly adopted Directive 2023/2673. Until the adoption of Directive 2023/2673, distance selling was regulated by the Directive 2011/83 on consumer rights and Directive 2002/65 concerning the distance marketing of consumer financial services. In order to raise the level of consumer protection and avoid unnecessary overlaps, the scope of application of Directive 2011/83 is extended to contracts on financial services, while Directive 2002/65 is repealed. Amended Directive 2011/83 introduced a separate chapter with rules that apply only to financial services contracts concluded at a distance. Content changes and amedments of the rules on the distance contracts for consumer financial services are related to the trader's obligations to provide pre-contractual information and explanations, the consumer's right to withdraw from the contract and the unfair business practices regarding the use of the online interface.
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