UK implementation of the Consumer Rights Directive 2011/83/EU

The Consumer Rights Directive (CRD) was agreed by all member states of the European Union in October 2011. The CRD aims to simplify and harmonise rules in a limited number of areas, to encourage growth and raise consumer confidence in buying across borders.

The CRD’s aims to:

• ensure transparency of information, particularly to pre-contractual information for distance and off-premises contracts (but also for other goods and services contracts)
• ensure there is express consent from the consumer for any additional payments
• ensure cancellations rights for distance and off-premises contracts
• prohibit excessive fees for paying the trader - the subject of a separate consultation to effect early implementation of this provision.
• prohibit excessive phone charges for consumers contacting traders about existing contracts

It also updates legislation to clarify the cancellation rights and obligations of buyers and sellers of digital products.

The harmonisation aims of this Directive mean that the majority of provisions must be implemented as described. Member states do not have flexibility on applying it to sectors within the scope of the Directive. The proposals in this consultation show areas where we do have flexibility.