Flash News – New consumer protection law in 2022_en
New Consumer Protection Act No. 9/2021 (published on July 12, 2021) is effective from January 1, 2022.
Consumer rights have been strongly strengthened and the general framework has undergone significant changes.
Here are some highlights on what service providers and retailers should consider.
- Consumer rights which cannot be contractually excluded, such as:
- Access to advice and information
- Health and safety protection
- Access to quality goods and services
- Protection of economic interests
- Damage compensation
- Participation in determining rights in law
- Right to the protection of the law and access to justice.
- Prohibition of unfair, deceptive and aggressive commercial practices, sanctioned with fines (20,000 to 60,000 MOP), accessory sanctions and the granting of the right of withdrawal to consumers.
An example of deceptive marketing practice would be selling a product as on sale if the price is equal to or higher than the original price and an example of aggressive marketing practice would be persistent solicitations of the consumer by phone, text, email and other means of communication.
- Regulation of sales activities at fairs and exhibitions – requires that the location, dates and contacts be communicated to the Consumer Council at least two working days in advance.
- Regulation of special contractssuch as a) contracts for the supply of consumer goods and services and b) new consumption patterns, namely distance contracts, off-premises contracts and prepaid contractsfor which consumers benefit from a “7 day withdrawal period”.
- Establishment of special mediation and arbitration mechanisms for consumer disputes – more standardized systems for consumer disputes over essential public services such as water, electricity and telecommunications.