New EU legislation bans unprompted 'opt in' boxes

This month, new EU regulations have been introduced to help online consumers avoid additional fees and surprise costs.
It will no longer be legally acceptable to add optional fees, but instead include all costs in a total amount figure.

The legislation, which must be implemented by all EU countries within the next two years, looks set to respond to the growing criticism of websites that add hidden charges, without explicitly asking consumers for their permission. The legislation, which includes a 14 day cooling off period, will enable consumers to return goods and receive a full refund if the costs were not fully understood before making the purchase. This is an increase of seven days from the current cooling off terms.

The legislation is in addition to the new EU cookie directive, which came into force in May this year. In order to fully comply with the new rules, use our quick checklist to review and assess your current site:

• Does your website detail the entire cost of products and services selected by consumers, as well as any additional fees? This is an important initial step. Changes to this process online may well alter other elements in your existing navigation approach or content management system so it is worth reviewing this requirement in light of your broader online presence.
• If you provide pre ticked boxes for additional items (e.g. express delivery or a first class option) you will have to remove these and replace with an alternative, explicit approach that allows consumers to select the additional option for themselves.
• Your customers must proactively confirm that they understand the costs and the price they have to pay for your products or services. In order to do so, your site must provide them with the means to make this confirmation.
• Your T&Cs will need to incorporate the new 14 day cooling off period for purchases made online. The EU will provide a form allowing people to make use of this cooling off period, so it will be well worth reviewing this form, once available.
• If a customer makes use of the 14 day cooling off period, you must refund the customer within 14 days. Again, this may require you to update your terms and conditions and refund policies that currently sit on your website.
• If you sell digital products, the legislation also includes special provision for you, with a request to ensure that the information provided online is as clear as possible in terms of the value, effectiveness, and compatibility of the products you offer. Consider how you present this content. If designed in an easy to read, appealing way, your approach could be critical in helping you to retain and extend your competitive advantage.

For more information about the impact the legislation could have on your business, contact a member of the team.

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