Consumer Law: transposition of the Omnibus Directive

This Directive was initially only partially transposed by Decree-Law 109-G/2021, specifically concerning strengthening the rights of online consumers and the greater transparency of information.

The transposition of this Directive was now concluded on March 3rd with the publication of Law no. 10/2023, which transposed the remaining part of the Omnibus Directive regarding sanctions, with reinforcement of the fines applicable in case of non-compliance and also violations of the regulations in this area, among other relevant aspects.

This Law has thus amended the following diplomas:

* The regime of Unfair Commercial Practices (Decree-Law No. 57/2008);

* The regime of Contracts celebrated at a distance and outside commercial establishments (Decree-Law nr. 24/2014);

* The regime of commercial practices with price reduction in retail sales practised in commercial establishments (Decree-Law 70/2007);

* The regime of the presentation of consumer prices in retail sales (Decree-Law nr. 138/90);

* The regime of General Contractual Clauses (Decree-Law nr. 446/85).

We should highlight the following amendments to the aforementioned legal diplomas:

* The alteration of the amount of the fines applied to the misdemeanours for non-compliance with the regulations in the respective legal regimes;

* Specifically, about misdemeanours, it should be noted that a maximum acceptable limit of 4% of the offender’s annual turnover or, if this cannot be ascertained, the amount of €2,000,000.00 (two million euros) will be set for the foreseen offences;

* Additionally, in determining the fine applicable for the practice of misdemeanours, factors such as the nature, gravity, size and duration of the offence will now be taken into account, as well as any offences committed by the offender in question, the financial benefits obtained/ losses avoided by the offender, among others;

* As for the legal regime for contracts celebrated at a distance or away from business premises, it is now mandatory for the trader to provide consumers with telephone and e-mail contact – previously only optional – to allow consumers to establish contact more effectively.