European UnionConsumer Rights Directive
Officially Consumer Rights Directive, Identification in Distance Financial Services Calls
Directive 2011/83/EU, Art. 16a(3), first sentence, as inserted by Directive (EU) 2023/2673
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Disclosure
As of .
What it requires
- This Directive is addressed to the Member States (Article 5), which had to adopt and publish the measures necessary to comply with it by and apply them from (Article 2(1)), so a trader meets these rules through each Member State's transposing law.
- It reaches you if you are a trader in a distance contract with a consumer for the supply of financial services (Article 3(1b) of Directive 2011/83/EU) and you communicate with the consumer by voice telephony: make your identity and the commercial purpose of the call you initiate explicitly clear at the beginning of any call with the consumer (Article 16a(3), first sentence).
Who enforces it
Enforcement body
Each Member State's own courts and administrative bodies: Article 23(2) of Directive 2011/83/EU requires the means to ensure compliance to include provisions under which public bodies or their representatives, consumer organisations and professional organisations having a legitimate interest, as determined by national law, may take action before the courts or the competent administrative bodies.
What this law does
Article 16a(3), first sentence, inserted into Directive 2011/83/EU by Article 1, point (4), of Directive (EU) 2023/2673, requires that, in the case of voice telephony communications, the identity of the trader and the commercial purpose of the call initiated by the trader are made explicitly clear at the beginning of any call with the consumer.
Article 3(1b), inserted by the same Directive, applies Articles 16a to 16e of Directive 2011/83/EU to distance contracts concluded between a trader and a consumer for the supply of financial services. Article 2, point (2), of Directive 2011/83/EU defines a trader as any natural or legal person, irrespective of whether privately or publicly owned, who is acting for purposes relating to a trade, business, craft or profession.
Member States apply the measures transposing Directive (EU) 2023/2673 from . Article 24(6), inserted by Directive (EU) 2023/2673, requires Member States to ensure that penalties imposed in accordance with Article 21 of Regulation (EU) 2017/2394 for infringements of the measures adopted under Article 3(1b) include the possibility of fines through administrative procedures or legal proceedings.
Article 10 of Directive 2002/65/EC required the consumer's prior consent to a supplier's use of automated calling systems without human intervention (automatic calling machines) and fax machines. Article 3 of Directive (EU) 2023/2673 repeals Directive 2002/65/EC with effect from . The correlation table in the Annex to Directive (EU) 2023/2673 shows no provision of Directive 2011/83/EU, as amended, corresponding to Article 10 of Directive 2002/65/EC.
When LexLint raises it
When your app profile says your app sends automated outreach or provides financial services.