CCR2 Conduct Risk
Will Brexit impact upon consumer rights?
The split from the EU took a decisive step forward last month, but what will that mean for retailers?
Graham Wynn Assistant director for consumer, competition and regulatory affairs, British Retail Consortium
The agreement between the UK and European Commission to move Brexit negotiations on to trade discussions, which was announced last month, was clearly an important and welcome step forward. From trade to customs arrangements, the
focus must now be on getting the best deal for consumers, and part of this is ensuring post- Brexit consumer rights are fit for purpose. There is no reason to believe that whatever
the outcome of the Brexit negotiations, consumer rights will be reduced from those in place at the time that we leave the European Union (EU). It is certainly not something the retail industry wants to see.
Current rights The current system of consumer rights has evolved over many years and is a system based on both EU and UK law. Nowadays, often as a result of EU action,
the UK has a long record of ensuring consumer rights, and we do not believe any government would want to repeal them. In fact, successive governments have shown an interest in strengthening consumer rights above and beyond EU regulations. There are various kinds of rights and
protections in place, many of which are easy to take for granted. Rights which are seen as day-to-day
protections include such things as: l The right to withdraw from an online sale within 14 days and return the goods for a full refund, providing they have not been used more than in a shop. l The redress rules for non-conforming (faulty) products, where the fault was inherent at time of purchase, where the six-
January 2018
www.CCRMagazine.co.uk
There is no reason to believe that whatever the outcome of the Brexit negotiations, consumer rights will be reduced from those in place at the time that we leave the European Union
year regime in England and Wales, including an initial right to reject the product, go well beyond the two-year EU minimum. l Requirements for information to be given prior to entering into a purchase online. l Rules concerning misleading omissions, statements, and aggressive practices when selling a product. lMeasures regarding obtaining redress cross-border. l Provision for stopping an unfair practice. l Rights in relation to personal data provided during a transaction. l The upcoming right to be able to make a purchase from any website within the EU. The UK was also one of the first member
states to introduce a guarantee scheme for digital content, now being extended with some changes throughout the whole EU.
A suite of policies and legislation Quite apart from these pure protection rights, there are others that consumers have, such as: l Rules on consumer credit. l Rules in relation to labelling, product safety, food safety, restrictions on additives in food, product standards, collective redress, ADR and ODR, data protection and privacy. l Rules on price promotions and advertising. These form a whole suite of policies and
legislation that are sometimes introduced for other reasons than direct consumer protection, but which have the effect of giving consumers rights.
Competition rules Then there is the whole range of competition legislation which is not
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