Answer given by Ms Jourová on behalf of the Commission
3.6.2015
The Commission is aware that emerging communication technologies have brought about significant changes in the way traders market their products. Nonetheless, EU legislation already protects consumers and businesses from misleading marketing practices.
The Unfair Commercial Practices Directive (UCPD)[1] requires traders to provide consumers with information needed to take informed decisions and prohibits practices that can deceive consumers. The UCPD is technology neutral, and thus applies online as well as offline, and regardless of the channel, medium or device used. The Misleading and Comparative Advertising Directive (MCAD)[2] regulates misleading advertising in business-to-business relations and ensures that comparative advertising always compares ‘like with like’, is objective, does not discredit other companies' trademarks or create confusion. It also protects traders against misleading advertising.
In the UCPD Communication[3], the Commission underlined the need to ensure effective enforcement of EU consumer law. Updating the UCPD Guidance document with a view to further facilitating the enforcement activities of national enforcement authorities is a key priority for action. The revised UCPD Guidance, planned for adoption in 2015, should tackle a wide range of topics, including new online advertising techniques. At the same time the review of the MCAD is included in the Commission's work programme for 2015.
- [1] Directive 2005/29/EC concerning unfair business-to-consumer commercial practices, OJ L 149, 11.6.2005, p. 22.
- [2] Directive 2006/114/EC on misleading and comparative advertising, OJ L 376, 27.12.2006, p. 21.
- [3] Communication on the application of the UCPD, COM(2013) 138 final, 14.3.2013.