By means of Decision no. 686/2022 amending and supplementing Romanian Government Decision no. 947/2000 on the manner to indicate the prices of products offered to consumers for sale, the EU Directive 2019/2161 has been transposed into the Romanian legislation, by which amendments were made regarding new information requirements applicable to online markets, obligations to indicate the price practiced prior to a price reduction, as well as the penalties provided for non-compliance with these provisions. A lawyer specialized in commercial law and consumer rights in Romania can provide legal assistance on the changes regarding consumer rights in Romania with the aim of carrying out the activity in Romania in accordance with the new regulations.
The Directive (EU) 2019/2161 covers a wide range of agreements concluded in Romania between traders and consumers, namely sales contracts, services or online digital content. First, before concluding an agreement, traders are required to provide consumers with information in a clear and intelligible manner. Thus, consumer rights in Romania include the following: the right to receive information on the identity and contact details of traders, as well as the right to be informed about the main characteristics of the product and the conditions that apply to such products.
The changes to consumer rights in Romania introduce new specific information requirements for agreements concluded on online markets. Therefore, online markets must inform consumers in Romania whether the third-party provider is a trader or non-trader in Romania (consumer), warn the consumer about the non-application of EU consumer protection rules to agreements concluded in Romania with non-traders and explain who is responsible for the performance of the contract.
Additionally, other changes regarding consumer rights in Romania concern the obligation to indicate through the notice of price reduction the price previously applied, as well as the selling price and the price per unit of measure for the marketed products, depending on the specific object of activity of each company in Romania.
A lawyer specialized in commercial law and consumer rights in Romania can provide legal advice to traders in Romania and provide information in relation to the obligations that the trader shall fulfill in Romania in order to be compliant with the consumer rights in Romania, in accordance with the new regulations of Decision no. 686/2022 on the way to indicate the prices of products offered to consumers for sale.
In addition, the consumer rights changes in Romania provide for the introduction of effective, proportionate and dissuasive penalties to punish traders who violate the rules on how to indicate the prices of products offered to consumers for sale. Thus, failure to comply with the provisions regarding the indication of the sale price, the price per unit of measure, as well as the price previously applied by the seller by means of a price reduction notice, constitutes an offence and shall be sanctioned with a fine between 200 and 6.000 EUR.
In conclusion, the legislative amendments presented above introduce important updates with regard to the consumer legislation in Romania, both for consumers and for traders in Romania. Consequently, consumers shall benefit from increased protection in their relationship with traders in Romania by obliging the latter to provide more information and to comply with the obligations expressly provided by the legislation on consumer rights in Romania, under the penalty of paying considerable fines.
The Romanian Law Firm Pavel, Margarit and Associates recommends contacting a lawyer specialized in commercial law and consumer rights in Romania, who can provide legal advice on changes in consumer rights in Romania and on the obligations that a trader shall need to fulfill in Romania.
Non-compliance with the provisions regarding the indication of prices of products offered to consumers for sale is considered an offense under Decision no. 686/2022. The penalties for non-compliance include fines ranging from 200 to 6,000 EUR. The introduction of effective, proportionate, and dissuasive penalties aims to ensure traders’ adherence to the rules on price indication and protect consumer rights in Romania.
A lawyer specialized in commercial law and consumer rights in Romania can provide legal advice to traders, ensuring their compliance with consumer rights regulations. They can inform traders about their obligations to provide clear and intelligible information to consumers before concluding an agreement. The lawyer can also guide traders on the specific information requirements for agreements concluded on online markets. By seeking legal assistance, traders can understand their obligations and ensure compliance with consumer rights in Romania.
Directive (EU) 2019/2161, transposed into Romanian legislation through Decision no. 686/2022, introduces changes to consumer rights in Romania. These changes include new information requirements applicable to online markets, such as informing consumers about the status of third-party providers (trader or non-trader), clarifying the non-application of EU consumer protection rules to agreements with non-traders, and specifying the responsible party for contract performance. Additionally, there are obligations to indicate the price previously applied and the selling price, including the price per unit of measure, for marketed products.