Commenting the European Commission`s Guidance on the Consumer Rights Directive
Bitkom welcomes that guidance is provided at EU level concerning the implementation of the CRD. This approach is best placed to achieve harmonised application of provisions and to avoid national fragmentation on the one hand, and to foster the Internal Market on the other hand. Legal certainty and facilitation of cross-border commerce are vital for businesses operating in the EU.
We welcome the non-binding character of both instruments and wish to emphasise that it must be preserved. In particular, the optional use of the model should explicitly be communicated vis-Ã -vis courts and authorities seeking for interpretative aid.
Given the German law transposing the CRD was passed in summer 2013 with the new provisions being applicable as of 13 June 2014, our members have already been in the course of adjusting their technical and business processes to new requirements since summer 2013. Technical implementation of such significant changes in legislation takes several months or even a year; this is especially the case if hardware-based systems are involved (e.g. set-top boxes). The practical implementation of new rules would incur substantial expenses as well as time-consuming adjustments and coordination of legal, technical and marketing expertise involving multiple company departments and /or external experts.
Consequently, it will be hardly manageable for traders to re-adjust processes with a view to implement concrete and very detailed suggestions of the Guidance and the model in particular, upon their official publication.
