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04 October 1998

Commission Proposal on Distance Marketing of Consumer Financial Services




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This proposal sets out principles relevant to distance marketing and establishes, in particular:
  • the right of the consumer to receive all contractual terms and conditions before conclusion of a distance contract;
  • the principle that the terms and conditions of the contract should remain fixed for a certain period of time (reflection period);

    In the event that the contract is concluded without the consumer having received the contractual terms and conditions or that conclusion of the contract is unfairly induced by the supplier during the reflection period, the consumer shall have a right of withdrawal for 14 days without incurring any charge or penalty, and without prejudice to his right to seek compensation for the damage he has suffered. The proposal sets the conditions to be applied in the event that the financial service that is the subject of the contract is partly or totally unavailable. Provisions are also made concerning unsolicited services and communications. Finally, the proposed directive makes provision for the right of appeal by professional organisations and consumers in order to ensure correct implementation of the directive.

    © European Commission


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