Consumer rights in the EU

Introduction

The European Single Market, also known as the Internal Market, refers to the European Union (EU) as one territory without any internal borders.

The Single Market has an impact on the everyday lives of consumers in Ireland and in other Member States by providing greater access to goods and services and increased protections under EU consumer law. You can find out more about European laws.

EU consumer laws provide you with the following key rights:

  • You have the right to truthful advertising
  • You have the right to have faulty goods repaired or replaced
  • You have the right to contracts without unfair clauses
  • You have the right to return most goods purchased online within 14 days
  • You have the right to access goods and services on the same terms as local customers
  • You have the right to free assistance from European Consumer Centres for problems with a trader based within the EU/EEA

How does Brexit affect my EU consumer rights?

The UK left the European Union on 31 January 2020. The British government has negotiated a withdrawal agreement with the EU and this came into effect on 1 February 2020. The UK is now in a transition period while the UK and EU negotiate additional arrangements.

During the transition period

During the transition period, all EU regulations will continue to apply to the UK. The transition period will last until 31 December 2020. Your consumer rights remain the same if you are buying from UK traders during the transition period.

After the transition period ends

After the transition period ends, you may not automatically have the same consumer rights. It is not yet clear what consumer rights you will have when you buy from a UK seller. Unless there is an agreement between the EU and the UK which retains the same rights, you will have to be especially careful when buying from a UK seller. It will be particularly important to carefully check the terms and conditions on the seller’s website.

From 1 January 2021, depending on what is agreed, you may or may not be able to use the 14-day cancellation period for most online orders, even if the order is made before 31 December 2020. Similarly, you may not be able to complain through ECC Ireland or use the European Small Claims procedure. You may have to pay certain taxes and duties if you are buying from UK traders. You may have to pay customs duty, excise duty and VAT.

You can find detailed information about your consumer rights and Brexit and how online shopping may be affected after the transition period ends.

What are my rights under EU consumer law?

The main EU Directives and Regulations are summarised below.

Sale of Goods and Associated Guarantees

One of the most important pieces of EU consumer legislation is the Directive on certain aspects of the sale of consumer goods and associated guarantees (1999/44/EC). Under the Directive you have a minimum 2-year legal guarantee against faulty products, or products that do not look or work as advertised. These are known as your statutory rights. The national law in some Member States may allow for longer periods. In Ireland the time limit (also known as the limitation period) is 6 years.

The Directive covers second-hand goods bought from a trader but it does not cover goods bought from a private individual (known as consumer-to-consumer transactions).

Find out more about faulty products and guarantees and warranties.

New rules for digital content and sale of goods

From 1 January 2022, the Directive on the Sale of Goods and Associated Guarantees will be replaced by:

Member States have until 1st July 2021 to introduce the Directives into national law.

Under the new Directives, you will have the same consumer rights for problems or defects with digital content, digital services, or smart products (that is, products with a digital component) as you do with any other product.

The European Commission has more information about digital contract rules and a factsheet about digital contracts (pdf).

Consumer Rights Directive

The Consumer Rights Directive 2011/83/EU (CRD), aims to make sure that consumers have the same minimum level of rights no matter where a trader is based in the EU. The Directive was introduced into Irish law in June 2014.

A distance contract is where you buy a product or service online, over the phone, by mail order, or from a door-to-door salesperson. With this type of contract, you do not enter into the contract in person and you cannot check the products before you buy. Because of this, you have additional protections under the CRD.

As a result of the CRD, you have the following rights:

  • You are entitled to extensive information in advance of purchase
  • You have a 14-day cooling-off period during which you can change your mind. The cooling-off period applies to distant contracts, including online purchases but not for personalised items, hotel accommodation or car rental.
  • You are entitled to refunds within 14 days of cancellation
  • You are entitled to have products delivered within 30 days (unless another timeframe has been agreed with the trader)
  • You must give your express consent (for example, by ticking a box and opting in) before a trader can apply extra costs
  • You cannot be charged surcharges for particular payment types, for example credit cards

You can find out more about shopping online.

Unfair Commercial Practices Directive

Under the EU Directive on Unfair Commercial Practices 2005/29/EC, sellers must give you enough accurate information to allow you to make an informed decision (that is, a decision based on facts). Sellers must not use unfair, misleading or aggressive trading practices. The Directive came into effect in 2005.

A commercial practice is considered ‘unfair’ if it:

  • Is misleading, giving false information or leaving out important information
  • Is aggressive, putting pressure on you to buy

There are also a number of commercial practices that are always considered unfair. You can find out more in our document about unfair commercial practices.

Unfair Terms in Consumer Contracts Directive

If you enter into a contract with a seller you are protected under the EU Directive on unfair terms in consumer contracts 93/13/EEC. The Directive states that the standard terms in a contract between you and the seller have to be fair and in plain, understandable language.

If there are any doubts about a contract term, the term should be interpreted in your favour. Contract terms are unfair if they create a significant imbalance between your rights and obligations as a consumer and the rights and obligations of the seller or service supplier. In other words, a term can be unfair if it puts you at a disadvantage.

Find out more about unfair contract terms.

Indication of Pricing, Payment Services and VAT Directives

You have specific rights on pricing, on payment services and on paying VAT within the EU.

Clear information on pricing

There are rules stating that the selling price and the price per unit of measurement (unit price) must be clearly shown for all products. You should clearly see the selling price and be able to compare prices. The rules are under the EU Directive on consumer protection in the indication of prices of products offered to consumers 98/6/EC.

Payment services protection

There are common EU rules to protect you when using electronic payment methods. The rules are in Directive 2007/64/EC on payment services in the internal market (also known as PSD 1). Payment service providers had to give you information about your rights and obligations when using electronic payment methods. In January 2018, PSD 1 was replaced by EU Directive on payment services in the internal market 2015/2366 (or PSD 2). PSD 2 introduced extra protections around online and mobile payments and stronger security requirements.

The European Commission has more information about PSD 2.

Value Added Tax (VAT)

There are specific rules around VAT that applies when you buy something in another EU country or outside the EU.

You buy something in another EU country: you should only pay VAT once, in the country where you make the purchase. These rules are in the Euopean Directive on the common system of value added tax2006/112/EC (VAT). You can bring your purchase home without having to make a customs declaration and pay additional VAT or excise duties. There are some exceptions - find out more about customs regulations for travellers to Ireland.

You buy a product online from another EU country: most major online retailers delivering within the EU will apply the VAT of destination rule. If the company you buy from sells goods over a certain value to your country, they have to apply VAT in the country where the goods are delivered – VAT of destination. The maximum amount for these cross-border sales is set by each EU country at either €35,000 or €100,000.

You buy services online from another EU country: you pay the VAT of the country where the trader is based. However, if the purchase is for telecommunications, broadcasting or electronic services VAT is charged in the country where you live under the EU Regulation on the place of supply of services1042/2013/EU.

You buy something from traders based outside the EU (that is, from a third-country): you will always have to pay extra for VAT, customs and excise duty.

You can find more information on pricing.

Services Directive and geo-blocking

When you want to buy a service, you cannot be treated differently on the basis of nationality or place of residence under Article 20 of the Services Directive. In December 2018, this right was further strengthened by the Geo-blocking Regulation. There are some exceptions where the trader can provide a justified reason to treat you differently.

The Geo-blocking Regulation (EU Regulation 2018/302) has applied across the EU since December 2018 and aims to stop the practices of geo-blocking and geo-discrimination (that is, geographically based restrictions).

As a result of the Geo-blocking Regulation businesses within the EU can no longer do the following:

  • Restrict your access to a website that was intended for consumers within a particular geographic area
  • Force you to buy from a particular website intended for that country or group of countries alone
  • Limit you to a particular website, even if you initially consent to being redirected to that website
  • Automatically redirect you to another website set up for that location
  • Treat payment methods differently based on your location

‘Geo-discrimination’ can also happen off-line. For example, if you are physically present in a trader’s premises and are prevented from buying a product or offered different conditions, such as a higher price, due to your nationality or place of residence.

The European Commission has more information about geo-blocking.

New Deal for Consumers

A new EU Directive on better enforcement and modernisation of EU consumer protection (2019/2161/EU) was adopted in 2019. Member States have until 28 November 2021 to introduce the Directive into national law. The Directive is under the New deal for Consumers legislative package. The new rules will:

Modernise rules for digital developments, covering the following areas:

  • Transparency on online marketplaces (around sellers that are private individuals and not a trader)
  • Same consumer rights for “free” digital services
  • The criteria used to rank offers on an online marketplace or price comparison sites (how offers appear in top results)
  • Transparency about consumer reviews
  • Personalised pricing
  • Ban on reselling event tickets bought through bots
  • Ensuring genuine price reduction claims

Strengthen tools to enforce consumer rights, including:

  • Compensation for victims of unfair commercial practices
  • More effective penalties for cross-border breaches of consumer rules
  • Tackling dual quality of consumer products
  • Better protection against unfair practices in doorstep selling
  • Allow for representative actions (for example, class action) where there are many consumers who are victims of the same breach of consumer rights

The European Commission has a factsheet explaining the New Deal for Consumers.

Other consumer rights

Consumers are also protected when travelling within the EU. This includes:

Passenger rights for air, rail, sea and road travel

Air travel -

Rail - Regulation (EC) No. 1371/2007

Sea - Regulation (EC) No. 1170/2010

Bus or coach - Regulation (EU) No. 181/2011

Your Europe has more information about passenger rights.

Find out more information about travel.

Package travel When you book a package holiday, or a linked travel arrangement (two or more travel services you buy from different traders in separate contracts, but the services are linked) you have rights if things go wrong under Directive (EU) 2015/2302.

Find out more about package holidays.

Cross-border portability of online content When you travel to another EU country you have the right to use your paid-for online content services (for example, Netflix or Spotify) in the same way as you would in your home country under the Regulation (EU) 2017/1128 on cross-border portability of online content services.

Your Europe has more information about accessing online content abroad.

Roaming charges on mobile phones Under the ‘roam like at home’ Regulation, you don’t have to pay additional charges to use your mobile phone when travelling to another EU country. This means that your calls and texts you make are charged the same as when you’re at home. Use of data when abroad is subject to the ‘fair use policy’ applied by mobile operators.

Your Europe has more information about using your mobile phone in the EU. You can also find out more about phone contracts.

How to complain about an EU based trader

If you have a problem with a trader that is based in another EU country your first step should be to contact them (in writing, if possible) to try to sort out the problem directly.

If you do not receive a response or you are not happy with the response you have the following dispute resolution options:

Informal dispute resolution

European Consumer Centre (ECC) Ireland provides free advice about EU consumer rights and further assistance to resolve a cross-border dispute with a trader.

It is also the national contact point for the:

Out-of-court procedures

Alternative Dispute Resolution (ADR) or Online Dispute Resolution (ODR) (for online purchases) involve procedures such as mediation, conciliation, or arbitration. Out-of-court procudures are provided by:

  • Public ombudsmen
  • Complaints boards
  • Private entities.

You can find more information about ADR and ODR on Your Europe.

Formal legal action

The European Small Claims Procedure (ESCP) allows you to make a claim against a person, organisation or business based in another EU country for a maximum of €5,000.

You can find out more about European Small Claims Procedure.

Who enforces EU consumer law?

The following organisations monitor and enforce compliance with EU consumer law:

Responsible body Remit
The Competition and Consumer Protection Commission (CCPC) •Disputes between consumers and Irish based traders

•Queries in relation to organisations that have been approved to provide Alternative Dispute Resolution

•Cooperation with other enforcement bodies throughout the EU through the Consumer Protection Cooperation (CPC) Framework.

Commission for Aviation Regulation (CAR) Flight delay, cancellation or denied boarding, where the disrupted flight was due to depart Ireland, or the flight was arriving into Ireland from outside the EU and was operated by an EU-based carrier.

Other complaints should be directed to the relevant national enforcement body.

FIN-NET Complaints about a financial service providers within the EU, for example, a dispute about a cross-border payment. The body responsible for FIN-NET procedure in Ireland is the Financial Services and Pensions Ombudsman.
SOLVIT Complaints about a national public administration body that you believe has not properly applied EU law.
European Commission Complaints against a Member State about any measure (law, regulation or administration), absence of a measure or practice by a Member State which goes against EU law.

Further information

Your Europe provides a free online advice service about your EU rights.

Competition and Consumer Protection Commission

Bloom House
Railway Street
Dublin 1
D01 C576

Opening Hours: - Lines open Monday - Friday 9am - 6pm
Tel: (01) 402 5555 or 402 5500
Locall: 1890 432 432

European Commission Representation in Ireland

Europe House
12-14 Lower Mount Street
Dublin 2
D02 W719
Ireland

Tel: +353 1 634 1111
Fax: +353 1 634 1112

Financial Services and Pensions Ombudsman

3rd Floor
Lincoln House
Lincoln Place
Dublin 2
D02 VH29
Ireland

Tel: (01) 567 7000

Commission for Aviation Regulation

3rd Floor
Alexandra House
Earlsfort Terrace
Dublin 2
D02 W773
Ireland

Tel: (01) 661 1700
Locall: 1890 787 787
Fax: (01) 661 1269

ECC Ireland

Macro Centre
1 Green Street
Dublin 7
D07 X6NR
Ireland

Tel: (01) 879 7620
Fax: (01) 873 4328

Irish SOLVIT Centre

Department of Business, Enterprise and Innovation

Kildare Street
Dublin 2
Ireland

Fax: +353 (0)1 631 3853

Courts Service

15-24 Phoenix Street North
Smithfield
Dublin 7
Ireland

Tel: +353 (0)1 888 6000

Internet Service Providers Association of Ireland/Hotline.ie

Unit 25 Sandyford Office Park
Blackthorn Avenue
Dublin 18
D18 HX62

Locall: 1890 610 710 (Rates may vary)

Garda Síochána

Phoenix Park
Dublin 8
D08 HN3X
Ireland

Tel: 01 6660000; Garda Confidential: 1800 666 111
Page edited: 22 September 2020