Reform of the General Law for the Protection of Consumers and Users in Spain
The Reform in Spain will apply to contracts with consumers and users concluded after June 13, 2014. Among the novelties, we underline the extension of the legal period given to the consumer for his or her retraction from the contract. The time period is now a minimum of 14 calendar days for a consumer to withdraw from a contract (in case he or she has not received the specific information necessary, in which case the Right to Withdrawal extends to 12 months. There also exists the obligation for companies to show the final price before a transaction ends, and the user must accept it. In addition, companies must not use customer service for commercial purposes, and spam calls are limited so that consumers can decide whether from the time of the first call they wish to receive more offers. Commercial calls are prohibited from 9pm to 9am as well as on weekends and holidays.
The Official Bulletin of Spain (BOE) on March 28 published the Law 3/2014, from March 27, which modifies the recast text of the General Law for the Protection of Consumers and Users (the Law), and other additional laws, which the Real Decree-Law 1/2007 from November 16 had approved.
The main purpose of the legislation is to transpose into national law the Directive 2011/83/UE, November 22, 2011, concerning the protection of consumers and users. It is a necessary regulation considering the important increase of electronic commerce and sales completed at a distance in recent years in Spain.
The legislation became effective on March 29, 2014, although a transitional regime for adaptation was established for contracts with consumers and users and concluded after June 13, 2014.
In particular, the new Law reinforces the protection of consumers regarding contracts executed at a distance and outside the headquarters.
This article is not considered as legal advice