Slovakia

Status

In Progress

Explanatory note re status

The Directive is to be implemented via a new Act on Consumer Protection. The bill has been passed by the Parliament earlier this year, however, it has afterwards been rejected by the President, therefore the Parliament will need to pass the bill once again. This is expected to happen in October 2023. The Act is expected to become effective in the later parts of 2023 or early 2024.

The wording of the bill is not expected to be changed by the Parliament (despite the veto by the President) and the information in this tracker is based on the latest available draft bill. We will be able to provide adequate information once the the bill is finally accepted by Parliament.

The legislative procedure may be observed here: https://www.slov-lex.sk/legislativne-procesy/SK/LP/2022/39

Implementation Act

Mainly, the new Act on Consumer Protection (yet to be passed in the parliament).

(Envisaged) Implementation Date

The Act is expected to enter into force in late 2023 or early 2024.

Approach to implementation

Adoption of a new Act on Consumer protection. This Act will also amend certain other laws.

Next steps

The Act was rejected by the president in July 2023, which means that it must be re-approved by parliament to finalise the procedure allowing the Act to enter into force.

A. Amendment to Unfair Contract Terms Directive (Directive 93/13/EEC)

What penalties can be imposed for infringements of consumer rights related to consumer contracts? 
Has the option to limit the penalties been implemented? 

The Bill envisages penalties in the form of fines.

Depending on the provision that is breached the fine either amounts from EUR 200 up to 2% of the turnover - e.g. when the seller does not fulfil their notification obligation towards a consumer when concluding a distant contract (the fee shall, nonetheless, not exceed EUR 200,000) (Sec. 43 para 1 a) or from EUR 100 up to 1 % of the turnover - e.g. when the general consumer rights are infringed (not exceeding EUR 100,000) (Sec. 43 para 1 b).

If the breach includes a wider scope of other laws or Union legislation, the fine amounts either from EUR 500 up to 4% of the turnover (Sec. 43 para 2 a) or from EUR 300 up to 2% of the turnover (not exceeding EUR 500,000) (Sec. 43 para 2 b). The Bill also provides for higher penalties to be imposed in instances of repetitive infringement. The option to limit the penalties has not been implemented (Sec. 70).

B. Amendments to Price Indications Directive (98/6/EC)

I. What obligations must traders now comply with when advertising price reductions to consumers?

The trader is obliged to state the previous price in each notification of a reduction of the price of the goods (Sec. 7 para.1).

The previous price means the lowest price at which the trader sold or provided the goods (1) in a period of not less than 30 days before the price reduction; or (2) from the beginning of the sale of mentioned goods, if it is available on the market for less than 30 days before the price reduction.

The only exception from the above is made in the case of a gradual price reduction: The trader may indicate as the previous price the original price before the first price reduction, irrespective of the time of sale of the goods.

II. What penalties can now be imposed for infringements of consumer rights related to the indication of the prices of products offered to consumers? What criteria have been established for the imposition of the fines?

There are several fines that can be imposed from EUR 100 up to 1% of the turnover (not exceeding EUR 100,000) (Sec. 43 para 1 b). If the breach includes a wider scope of other laws or Union legislation, the fine amounts from EUR 300 up to 2% of the turnover (not exceeding EUR 500,000) (Sec. 43 para 2 b). The Bill also provides for higher penalties to be imposed in instances of repetitive infringement (Sec. 70 para. 1 b).

Generally, when imposing a fine, the relevant authority takes account of individual circumstances of the given case, especially dealing with criteria such as the harm caused, intensity etc.

C. Amendments to Unfair Commercial Practices Directive (2005/29/EC)

I. What are the implications of "digital services and content" now being considered "products" under the Unfair Commercial Practices Directive?

The important implication is that the Slovak law shall introduce a digital performance contract. The general provisions regulating the contract shall be added to the Civil Code (Sec. 852a). Consequently the Sec. 14 - 22 of the Bill shall be applicable to the contract too, and certain obligations that relate to consumer protection shall be introduced - e.g. a special notification obligation on the part of the trader/service provider.

II. What changes for traders who offer goods and services of different traders or consumers on their website that are displayed in a certain order when searched by a consumer ("rankings")?

The Bill stipulates that if a consumer is not provided with information regarding parameters that determine the ranking, or if they are informed improperly, it shall be understood as a misleading omission. Therefore, there is a relating obligation not to mislead the consumer (Sec. 11 para. 6, 7).

III. What are the transparency obligations that traders who operate online marketplaces where other traders and consumers can sell goods and services must comply with now?

According to Sec. 16 para 1b of the implementing draft bill operators of online marketplaces are obliged to inform consumers whether the person offering a good/service is a trader or not.

If the person offering a good/service is a consumer, the operator is obliged to inform the consumer that the contract will not be subject to consumer protection legislation.

IV. Are there any new provisions for consumer protection against unfair practices in doorstep selling and commercial excursions?

Doorstep selling shall be deemed an aggressive commercial practice if it continues despite the consumer's request upon the commercial representative to leave or not to come back. This shall not apply if the purpose of the visit is to claim enforcement (annex no. 1 - list of aggressive commercial practices, no. 2). Otherwise, the doorstep seller shall be obliged to introduce him-/herself, inform the consumer of the purpose of the visit and of the obligation to pay for the product/service if the purpose is conclusion of a contract (Sec. 17 para.7).

V. What transparency obligations must traders who publish consumer reviews now comply with?

The traders shall take appropriate and proportionate steps to verify that ratings come from the consumers. Failure to comply with this obligation shall be deemed an unfair commercial practice (annex no. 1 - list of unfair commercial practices, no. 26).

VI. What must traders who market a good, in one Member State, as being identical to a good marketed in other Member States, while the goods have a different composition ("dual quality"), consider now?

It will be considered an unfair commercial practice to market a good as identical to a good offered in another EU Member State if the goods differ substantially and such difference cannot be justified by legitimate and objective factors or be clearly recognisable to the consumer (Sec. 10 para. 2 c).

VII. Under what conditions and with what effects are legal remedies now available to consumers who have been harmed by unfair commercial practices?

The consumer who has been affected by the trader's unfair commercial practice shall be entitled to remedy or repayment of an additional price reduction, taking into account the nature and circumstances of the unfair commercial practice, or to withdraw from the contract if the consumer enters the contract after an unfair commercial practice or an aggressive commercial practice have been used against them (Sec. 9 para. 7). Moreover, the consumer may claim damages according to Sec. 49a of the Civil Code (Sec. 9 para. 9).

VIII. What penalties can be imposed for infringements of consumer rights by unfair commercial practices?

There are fines that can be imposed: From EUR 100 up to 1% of the turnover (not exceeding EUR 100,000). If the breach includes a wider scope of other laws or Union legislation, the fine amounts from EUR 300 up to 2% of the turnover (not exceeding EUR 500,000). The Bill also provides for higher penalties to be imposed in instances of repetitive infringement (Sec. 43 para 1 b, para 2 b).

D. Amendments to Consumer Rights Directive (2011/83/EC)

I. What are the implications of "goods with digital elements" and "digital services and content" now falling within the scope of the Consumer Rights Directive? Must traders consider any new information requirements?

Goods with digital elements as well as digital content and digital services are now subject to the same rules as all other goods and services covered by the Consumer Rights Directive.

II. Do the national provisions that transpose the rules under the Consumer Rights Directive also apply when consumers "pay" for the provision of digital content or services with personal data?

Yes. According to the newly proposed Sec. 852a of the Civil Code (digital performance contract), a consumer should be able to "pay" with their personal data too. Also, Sec. 14 - 22 that govern distant contracts should be applicable.

III. What new information obligations and formal requirements must traders comply with for distance or off premise contracts with consumers?

Pursuant to Sec. 15 para. 1 of the draft bill, multiple new or specified information requirements apply for traders before concluding a distance or off-premise contract with a consumer.

The trader is now obliged to clearly and intelligibly notify the consumer before concluding such a contract of:

• the trader's e-mail address
• other means of online communication which allow the consumer to keep the content of the written communication with the trader on a durable medium, including the date and time of the communication, if the trader uses such means to communicate with the consumer;
• the address of the trader or the person on whose behalf the trader acts, at which the consumer can assert rights from liability for product defects, withdrawal from the contract, request for redress or make another complaint, if it is a different address;
• information if the price is determined for a specific consumer or group of consumers on the basis of automated decision-making, including profiling;
• the price for the use of means of distance communication that can be used when concluding the contract, if the price is calculated on the basis of an increased rate;
• the consumer's right of withdrawal, the conditions, time limit and procedure for exercising the right of withdrawal; the trader shall also provide the consumer with the model withdrawal form found in Annex no. 2 (this information obligation already exists under current law, but it has been specified in the new draft bill); and
• the consumer's obligation to pay in advance or to provide any other financial security at the request of the trader and of the conditions under which the consumer is required to do so under the contract;
• information about the consumer's obligation to bear the costs of returning the goods after withdrawal pursuant to Sec. 19 para 1 and, if the consumer withdraws from a distance contract, the costs of returning goods which, by their nature, cannot be returned by post;
• information about the consumer's obligation to reimburse the trader for the price of the goods/service actually provided pursuant to Sec. 21 para 5 if the consumer withdraws from a contract pursuant to Sec. 19 para 1, the subject-matter of which is the provision of a service, after having given his express consent to the trader pursuant to of Sec. 17 para 10 c;
• information that the consumer is not entitled to withdraw from the contract pursuant to Sec. 19 para 1, or an information of the circumstances in which the consumer loses the right to withdraw from the contract;
• the minimum duration of the consumer's obligation, if the contract implies such an obligation for the consumer.

IV. Which additional specific information requirements apply for contracts concluded on online marketplaces?

According to Sec 16 para. 1 an operator of an online marketplace must provide information about:

• the main parameters for determining the ranking presented to the user;
• whether the third party offering their goods, services or digital product is a trader or not;
• the non-applicability of consumer protection law if the third party offering the goods, services or digital product is not a trader; and
• where applicable, how the obligations related to the contract are shared between the third party offering the goods, services or digital product and the operator of the online marketplace.

V. In case of a withdrawal by the consumer: What must traders consider with regard to the use of content (other than personal data) created or provided by the consumer when using digital products provided by the trader?

Sec. 852m para. 5, 6 and 7 of the Civil Code:

Upon withdrawal from the contract, the trader shall refrain from using the content provided or created by the consumer when using the digital product/service. This does not apply if this content:

a) can be used in no other way than in connection with the digital performance of the trader;

b) relates exclusively to the consumer's activities while using the trader's digital performance;

c) was merged by the trader with other content from which it cannot be separated at all or without undue effort; or

(d) was created by the consumer together with other consumers who are entitled to continue using the content.

Upon withdrawal from the contract, the trader shall make available to the consumer, at their request, all content which the consumer provided or created while using the digital performance, with the exception of the content referred to in a) - c).

The above mentioned does not apply in relation to the personal data provided by the consumer.

VI. What are the new provisions for the expiry of / exceptions from the consumer's right of withdrawal?

In general, the right of withdrawal expires after a withdrawal period of 14 days (Sec. 20 para. 1 a).

Slovakia has made use of the option to introduce a longer withdrawal period of 30 days where a contract is concluded in the course of an unsolicited visit or in relation therewith, or in case of a commercial excursion or in relation therewith (Sec. 20 para. 1b).

In addition, the right of withdrawal will now expire with respect to contracts:

• for the provision of services for which the consumer pays a price, if the services have been fully performed and the consumer expressly consented to the performance of the service before the expiry of the withdrawal period and acknowledged the expiry of the right of withdrawal (Sec. 19 para. 1 a, point 1).
• for the provision of digital content which is not supplied on a tangible medium for which the consumer pays a price, if the trader started the service with the express consent of the consumer and the consumer expressly consented to the performance of the service before the expiry of the withdrawal period and acknowledged the expiry of the right of withdrawal, and the trader provided the consumer with confirmation of receipt of consent (Sec. 19 para. 1 a, point 2).

VII. What penalties can be imposed for infringements of consumer rights?

The bill prescribes the fines already mentioned under A.

E. Optional Provisions and Deviations

Has the Member State transposed a provision which is optional under the Omnibus Directive or made use of a deviation possibility provided for therein?

Optional provisions/deviations:

• Art. 8b para. 2 Unfair Contract Terms Directive: No use was made of the option to restrict penalties to situations where the contractual terms are expressly defined as unfair in all circumstances.
• Art. 6a para. 3 to 5 Price Indication Directive: Slovakia has made use of the option to exempt certain products or practices from the obligation to indicate the prior price when announcing a price reduction.
• Art. 3 para. 5 Unfair Commercial Practices Directive: Slovakia has made use of the option to regulate new obligations for consumer protection against unfair practices in both doorstep selling and commercial excursions.
• Art. 11a Unfair Commercial Practices Directive: Slovakia opted to regulate an alternative dispute resolution as means of remedy once the individual remedy application was met with no success.
• Article 13 para. 3 Unfair Commercial Practices Directive: No use was made of the option to limit fines to breaches of certain provisions of the Directive.
• Article 6a para. 2 Consumer Rights Directive: No use was made of the option to add additional pre-contractual information obligations to online marketplaces.
  Article 9 para. 1a Consumer Rights Directive: Slovakia has made use of the option to extend the withdrawal period for consumer contracts concluded on occasion of doorstep selling or commercial excursions to 30 days.
• Article 16 para. 2 Consumer Rights Directive: No use was made of the option to derogate from some of the exceptions from the right of withdrawal set out in Article 16 para. 1 for contracts concluded in the context of doorstep selling or commercial excursions.
• Article 16 para. 3 Consumer Rights Directive: Slovakia has not used the option to provide that in the case of service contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out repairs, the consumer loses the right of withdrawal after the service has been fully performed provided that the performance has begun with the consumer's prior consent.
• Art. 24 Consumer Rights Directive: Slovakia has not used the option to regulate higher maximum fines than the ones provided for in the Directive.

Please note that as the bill has not passed in the parliament yet, thus the information above, although very unlikely, may still be subject to change in the future.

Noteworthy points arising from legislative changes

N/A