Directive (EU) 2023/2673 amending Directive 2011/83/EU as regards financial services contracts concluded at a distance and repealing Directive 2002/65/EC

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Series Details 2023/2673
Publication Date 28/11/2023
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Summary:

Directive (EU) 2023/2673 - adopted by the co-legislators on 22 November 2023 - introducing amendments to Directive 2011/83/EU concerning financial services contracts concluded at a distance, and repealing Directive 2002/65/EC. This is a text with EEA relevance.

Further information:

Directive 2011/83/EU - also known as the Consumer Rights Directive (CRD) - aimed to approximate certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts concluded between consumers and traders. Directive 2002/65/EC - also known as DMFSD - established common rules for the marketing of financial services by suppliers to consumers in the European Union (EU).

The market significantly evolved in light of the overall digitalisation of the sector and the new types of financial services that have been developed since the rules were first introduced in 2002. Such developments were further enhanced by the impact of the COVID-19 (coronavirus) pandemic, which greatly contributed to an increase in online transactions. Directive 2002/65/EC was subject to a full evaluation, which highlighted that its relevance had been reduced due to the enactment of product-specific legislative acts over the years. Digitalisation also affected the Directive's effectiveness in reaching its objectives. However, the Directive still remained useful since its horizontal application ensured that consumers had a certain level of protection for contracts concluded at a distance for those financial products that were not yet subject to any EU legislation.

This Directive modernises the Consumer Rights Directive, incorporating into it relevant articles from Directive 2002/65/EC which is otherwise repealed. It extends certain rules of the CRD to consumer financial services concluded at a distance and it introduces new provisions to ensure online fairness when consumers conclude financial services online.

This draft law was tabled by the European Commission on 11 May 2022. The Council of the European Union adopted its general approach to this file on 2 March 2023. The relevant committee of the European Parliament adopted a negotiating position on 28 March. An informal agreement between the co-legislators on a compromise text for this file was reached on 6 June. This was formally endorsed by Parliament on 5 October and by the Council on 23 October. The Act was signed by the co-legislators on 22 November 2023 and published in the Official Journal on 28 November 2023.

Source Link http://data.europa.eu/eli/dir/2023/2673/oj
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Commentary and Analysis
European Consumer Organisation (BEUC): Press Release, 11/05/2022: Consumers to get much-needed extra protections when buying financial services online https://www.beuc.eu/press-releases/consumers-get-much-needed-extra-protections-when-buying-financial-services-online
European Consumer Organisation (BEUC), 21/09/2022: Distance Marketing of Financial Services. BEUC Position Paper https://www.beuc.eu/sites/default/files/publications/BEUC-X-2022-097_Distance_marketing_of_financial_services.pdf
European Parliamentary Research Service (EPRS): Briefing, 10/11/2022: Improving distance marketing of consumer financial products - Initial Appraisal of a European Commission Impact Assessment https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2022)734693
European Banking Federation (EBF): Media Centre, 19/12/2022: Proposal for review of the Distance Marketing of Financial Services Directive: EBF key priorities https://www.ebf.eu/ebf-media-centre/distance-marketing-of-financial-services-directive-1222/
Bird & Bird: Insights, 24/04/2023: A new mandatory withdrawal button is on the horizon https://www.twobirds.com/en/insights/2023/global/a-new-mandatory-withdrawal-button-is-on-the-horizon
CMS Law-Now: eAlerts, 09/06/2023: New regime for distance contracts for financial services https://cms-lawnow.com/en/ealerts/2023/06/new-regime-for-distance-contracts-for-financial-services
Ecommerce Europe: News, 13/06/2023: Co-legislators agree on a “withdrawal function” for all distance contracts https://ecommerce-europe.eu/news-item/co-legislators-agree-on-a-withdrawal-function-for-all-distance-contracts/
Hogan Lovells: Engage: News, 27/10/2023: EU distance marketing of financial services contracts: New Directive finalised https://www.engage.hoganlovells.com/knowledgeservices/news/eu-distance-marketing-of-financial-services-contracts-new-directive-finalised

Official
EUR-LEX: COM(2022)204: Proposal for a Directive amending Directive 2011/83/EU concerning financial services contracts concluded at a distance and repealing Directive 2002/65/EC https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2022:204:FIN
EUR-LEX: SWD(2022)141: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:141:FIN
EUR-LEX: SWD(2022)142: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:142:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Financial services contracts concluded at a distance (2022/0147(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2022/0147(COD)
European Parliament: Legislative Train Schedule: Revision of the Distance Marketing of Consumer Financial Services Directive (REFIT) https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-revision-of-distance-marketing-of-financial-services-directive-(refit)
European Commission: Distance marketing of financial services https://ec.europa.eu/info/business-economy-euro/banking-and-finance/consumer-finance-and-payments/retail-financial-services/distance-marketing-financial-services_en
European Parliament: Committees: Financial services contracts concluded at a distance https://www.europarl.europa.eu/committees/en/financial-services-contracts-concluded-a/product-details/20221202CDT10764
European Commission: Press Release, 11/05/2022: Consumer protection: Commission adopts stronger consumer rules for online financial services https://ec.europa.eu/commission/presscorner/detail/en/ip_22_2979
Council of the European Union: Press Release, 02/03/2023: Council agrees negotiating position on financial services contracts concluded at a distance https://www.consilium.europa.eu/en/press/press-releases/2023/03/02/council-agrees-negotiating-position-on-financial-services-contracts-concluded-at-a-distance/
European Parliament: Press Release, 06/06/2023: Agreement struck to modernise rules for concluding distance contracts for financial services https://www.europarl.europa.eu/news/en/press-room/20230605IPR94606/
Council of the European Union: Press Release, 06/06/2023: Council and Parliament reach provisional political agreement on financial services contracts concluded at a distance https://www.consilium.europa.eu/en/press/press-releases/2023/06/06/council-and-parliament-reach-provisional-political-agreement-on-financial-services-contracts-concluded-at-a-distance/
European Parliament: Press Release, 05/10/2023: Better protection for consumers when concluding contracts for financial services at a distance https://www.europarl.europa.eu/news/en/press-room/20230929IPR06120/
S&D EP Group: Newsroom, 05/10/2023: S&Ds: Consumers' rights to withdraw from financial services becomes a reality https://www.socialistsanddemocrats.eu/newsroom/sds-consumers-rights-withdraw-financial-services-becomes-reality
Council of the European Union: Press Release, 23/10/2023: Council adopts legislation that makes it safer to contract financial services online or by phone https://www.consilium.europa.eu/en/press/press-releases/2023/10/23/council-adopts-legislation-that-makes-it-safer-to-contract-financial-services-online-or-by-phone/

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