The new Consumer Protection Act effective since 1 July 2024
So, we have a new law on consumer protection in Slovakia, which entered into force on July 1, 2024. But is it as fundamental for retail as it is communicated?
- Liability for defects (complaints) only in the Civil Code
The parallel regulation of the complaints procedure is no longer reality. Liability for defects will also be governed by the provisions of the Civil Code for the consumer.
terem.legal comments: I acknowledge this, we will not have multiple different edits.
- Brick-and-mortar stores and e-shops in one law
Current regulations, such as the Consumer Protection Act of 2007 or the Distance Selling Consumer Protection Act of 2014, are repealed.
terem.legal comments: A good idea only for as long as it will last and what will gradually “fall away” into special laws with further amendments. At the same time, it is also partially contrary to point 1. when complaints are only in the Civil Code.
- Fewer obligations for traders
The new law removes some redundant obligations for traders, such as the obligation to prepare expert assessments for complaints or the obligation to publish a notice of the planned temporary closure of the establishment.
terem.legal comments: Fine, but the state will “compensate” traders with, among other things, new obligations regarding information on the prices of goods for the last 30 days (point 4 below) and after-sales service.
- End of inflated discounts (?)
Merchants will have to clearly state the price of the goods for the last 30 days. If the price of the goods is reduced gradually, it is sufficient to indicate the first price of the goods.
terem.legal comments: In practice, I am curious about how someone sets a high price for one day, then radically reduces it and presents it as a big discount.
- Will fake reviews ever end?
The act assumes that product reviews will come only from real consumers who have bought or used the product, which should eliminate fake product reviews
terem.legal comments: Are we facing a time when there will be no reviews or a new business of professional reviewers will be created, who will buy something and then sell it just so they can evaluate it?
- Second chance after the fine for the merchant
Traders who voluntarily stop violating legal regulations and make corrections may be able to get away without a penalty and, under certain conditions, have a reduced amount of the penalty. Possible sanctions should not be liquidation for traders. It is intended to promote quick redress and protection of consumer rights.
terem.legal comments: I welcome this but I’m just waiting in practice to see how the authorities will actually use it.
- New “punishments” for online shops
New sanctions are imposed for e-shops in addition to monetary ones, including:
- the obligation to ensure domain deletion; or
- the obligation to remove or change the content published in the online interface.
terem.legal comments: the internet has no boundaries and so does the fantasy of some e-shops. It is therefore questionable how it will work in practice and how the authorities will be able to apply such sanctions.
