Consumer Protection – CJEU Decision - Case C-365/23 | [Arce] (fictitious name)
DATE OF UPDATE: 20 March 2025
LINKS:
CURRENT STATUS
A contractual term obliging a young sportsman to transfer part of his income if he becomes a professional athlete may be unfair: The national court must assess the unfairness of such a term by taking into account, in particular, whether or not that term is plain and intelligible as regards the financial consequences of the commitment.
WHY IS THIS APPLICABLE TO CLIENTS?
In this case, the Court referred to Council Directive 93/13/EEC on unfair terms in consumer contracts, transposed into Irish law in Part 6 of the Consumer Rights Act 2022. Its assessment of whether a term is unfair may be of interest to organisations assessing their own terms with consumers.
Consumer Protection – Compliance checks
DATE OF UPDATE: 7 March 2025
LINKS:
Nearly half of second-hand online traders fail to correctly inform consumers of their return rights
CURRENT STATUS
The European Commission and national consumer protection authorities of 25 Member States as well as Iceland and Norway released the results of a screening of online traders selling second-hand goods, such as clothes, electronic equipment or toys.
The objective of this sweep was to verify whether the practices of these traders are compliant with EU consumer law.
WHY IS THIS APPLICABLE TO CLIENTS?
The enforcement activities of the European Commission and national consumer protection authorities will be of interest to online traders.
Sale of Goods and Services – Geo-blocking
DATE OF UPDATE: 11 February 2025
LINKS:
Commission launches evaluation of the Geo-blocking Regulation - European Commission
CURRENT STATUS
The European Commission published a call for evidence to seek stakeholders' feedback on Regulation (EU) 2018/302 on geo-blocking, which has applied since December 2018 to improve access to goods and services for individuals and businesses across the EU.
The Competition and Consumer Protection Commission (CCPC) is the body responsible for the enforcement of the Regulation in Ireland.
WHY IS THIS APPLICABLE TO CLIENTS?
The Regulation is designed to prevent unjustified geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment. The application and enforcement of the Regulation will be of interest to online traders.
Consumer – Designation of the CCPC
DATE OF UPDATE: 6 February 2025
LINKS:
CURRENT STATUS
The European Union (Designation of the Competition and Consumer Protection Commission for Certain Functions) Regulations 2025 provide for the designation of the CCPC for various functions previously assigned to the European Consumer Centre Ireland (ECCI).
WHY IS THIS APPLICABLE TO CLIENTS?
The designation of new functions to the CCPC under the Regulations will bring more consumer-facing activities into its remit.
Digital Fairness Act - Digital Fairness Fitness Check
DATE OF UPDATE: February 2025
LINKS:
EU Digital Fairness Fitness Check Shines Light on Deceptive Patterns
Michael McGrath - European Commission
Questions and Answers on the Digital Fairness Fitness Check
CURRENT STATUS
Part of the outcome of the recent Digital Fairness Fitness Check, which was published in October 2024, and which examines the current regulatory landscape of deceptive patterns and consumer law generally, was the proposed introduction of a Digital Fairness Act. This is a task entrusted to the European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection.
WHY IS THIS APPLICABLE TO CLIENTS?
The proposed Digital Fairness Act is envisaged to address gaps in current consumer protection legislation in the online environment.
Copyright – Text and Data Mining Exception
DATE OF UPDATE: 23 January 2025
LINKS:
CURRENT STATUS
The European Commission issued a call for Tenders for a feasibility study on a central registry of opt-outs under the Text and Data Mining (TDM) exception.
This data registry aims to support the effective implementation of the TDM provisions included in the 2019 Directive on Copyright in the Digital Single Market (Directive (EU) 2019/790).
WHY IS THIS APPLICABLE TO CLIENTS?
The study will be of interest to AI developers and providers seeking to use text and data mining technologies in AI model training.
Intellectual Property - WTO Dispute Settlement Proceedings with China
DATE OF UPDATE: 20 January 2025
LINKS:
WTO consultation on China's royalties for high-tech sector
CURRENT STATUS
The European Commission has requested consultations at the World Trade Organization (WTO) aiming to remove unfair and illegal trade practices by China in the sphere of intellectual property. This case concerns standard essential patents (SEPs). SEPs are patents that protect technology that has been declared essential in a technical standard or specification developed by a standard development organisation.
WHY IS THIS APPLICABLE TO CLIENTS?
If the WTO dispute settlement proceedings do not lead to a satisfactory solution within 60 days, the EU can move towards the litigation phase and request that the WTO set up a panel to rule on the matter.
Copyright – Press Publishers Right
DATE OF UPDATE: 15 January 2025
LINKS:
CURRENT STATUS
The Department of Enterprise Trade and Employment commissioned a report containing a summary and analysis of submissions in response to the Public Consultation on the Future of Media Commission Report Recommendation 6-9 on the 2019 Directive on Copyright in the Digital Single Market (Directive (EU) 2019/790) with particular reference to Article 15 - Protection of press publications concerning online uses.
In its conclusion, it finds that the process of achieving fair agreements for press publishers in relation to the online use of their content has proven to be complex and contentious.
WHY IS THIS APPLICABLE TO CLIENTS?
The consultation relates to the activities of platforms as well as press publishers and will feed into the Commission's review of the DSM Copyright Directive.
Copyright - Current and Future Challenges to the Collective Management Organizations Ecosystem in the EU
DATE OF UPDATE: 15 January 2025
LINKS:
CURRENT STATUS
The Council of the European Union (Polish Presidency) issued a Policy Questionnaire to explore in particular the following four thematic areas:
- Challenges of AI to the Collective Management Ecosystem in the EU
- Collective Management Organizations and the Relationship with Online Platforms and Other Online Players
- Supervision and Transparency of CMOs at the Forefront of Innovation
- Independent Management Entities – Old Questions, New Paradigms?
WHY IS THIS APPLICABLE TO CLIENTS?
Developments in this area will be of interest to organisations creating AI systems and deploying AI, as well as providers of online platforms.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
