Amendments provide better protection of consumers’ collective interests
The Ministry of Economy and Industry has drafted a Bill to amend and supplement the Consumer Protection Act, which was approved by the Government today.
The document provides for the measures to implement Regulation (EU) 2023/988, thus achieving compliance with the new European requirements for general product safety. The regulation aims to ensure the health and safety of consumers and covers new risks associated with internet and digital content products. It sets out specific product safety requirements for online retailers. Economic operators will have greater responsibility for the safety of products on the market and supervisory authorities will have new powers to control online trade, including the right to order the recall of unsafe products.
The Bill also introduces into national law the requirements of Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020. The new provisions introduce mechanisms for bringing representative actions for the cessation and prohibition of unlawful commercial practices, as well as for claims for compensation for damage caused to the collective interests of consumers. The main issues addressed include national and cross-border representative actions for the identification, cessation or prohibition of acts or commercial practices which are in breach of consumers’ collective interests, national and cross-border representative actions for remedies for failure to comply with a legal or contractual obligation and the recognition of qualified organisations entitled to bring representative actions for the protection of consumers’ collective interests.
The Bill also contains criteria for the recognition of qualified organisations by the Minister of Economy and Industry. The qualified organisations that will be entitled to bring these actions must meet specific requirements that ensure their independence and commitment to the protection of consumer interests. The Consumer Protection Commission will have the right to bring actions for the establishment, injunction or prohibition of practices that are contrary to the collective interests of consumers and for remedies for failure to comply with a legal or contractual obligation.
The proposed changes to the Act aim to increase the level of consumer protection, improve the enforcement of the legislation and bring it fully into line with EU law. By adopting them, Bulgaria will create an effective framework for consumer protection and bring its national legislation into line with European standards, which will contribute to a safer and more transparent market for all citizens.