Europaudvalget 2022-23 (2. samling)
EUU Alm.del Bilag 443
Offentligt
2699501_0001.png
Ministry of Justice
Annex 3
Date:
May 1, 2023
Recommendations regarding the Unfair Contract Terms Directive
The Danish Government has the following recommendations regarding the
Unfair Contract Terms Directive:
Recommendation 1: New services and industries
With the evolving development in contract terms and especially with the
rise of the digital economy and new services, the Danish Government en-
courages the Commission to look into whether the Unfair Contract Terms
Directive is fit for new services and industries. The Commission is espe-
cially encouraged to evaluate the current “grey list” in Annex 1 to the di-
rective to ensure that the list is fulfilling and fit for the digital age.
As an example, the gaming industry has evolved increasingly during the last
decade. Purchases of digital items or services with virtual in-app currencies
are one of the most important revenue streams for gaming businesses. Trad-
ers in the industry often stipulate in their terms and conditions that in-app
currencies are non-refundable.
The Danish Government therefore encourages the Commission to evaluate
whether the directive is fit for the digital age, and especially to examine
whether contractual terms in the gaming industry stipulating that in-app cur-
rencies are non-refundable should be regarded as unfair.
Recommendation
The Danish Government recommends the Commission to evaluate whether
the directive and Annex 1 is fit for the digital age, and especially to examine
whether contractual terms in the gaming industry stipulating that in-app cur-
rencies are non-refundable should be regarded as unfair.
Slotsholmsgade 10
DK - 1216 København K.
Phone +45 7226 8400
www.justitsministeriet.dk
[email protected]
Side 1/3
 EUU, Alm.del - 2022-23 (2. samling) - Bilag 443: Notat samt høringssvar vedr. evaluering af EU’s forbrugerlovgivning
2699501_0002.png
Recommendation 2: A new
“black list”
Considering the cross-border nature of many digital services, the current le-
gal framework, where each Member State can create its own “black list” of
contract terms that are always considered as unfair without requiring a case-
by-case assessment, lacks transparency for businesses and consumers. Fur-
ther, as a consequence, the stipulations can be difficult to comply with for
traders as well as difficult to enforce for authorities. The Commission may
therefore examine whether such a “black list” should be introduced as an
Annex to the directive.
Recommendation
The Danish Government recommends the Commission to examine whether
a “black list” of contract
terms that are always considered as unfair without
requiring a case-by-case assessment should be introduced as an Annex to
the Unfair Contract Terms Directive.
Recommendation 3: Unilateral changes of contract terms
The directive and case law address when and how traders may make use of
unilateral changes of contract terms. However, the legal framework is un-
clear as to when traders may make use of unilateral changes to contracts.
The lack of clarity is to the detriment of both consumers and businesses and
may lead to fragmentation in Member States’ legal framework.
The Danish Government therefore encourages the Commission to ensure
clarity on the definition of valid reasons for unilateral changes to contracts.
Further, the Commission is encouraged to introduce a requirement for a fair
warning of such changes and a realistic access to termination.
Further, the Danish Government finds that it would be beneficial for con-
sumers if businesses were required to submit unilateral changes to contracts
to consumers on a durable medium. In this regard, it should be clear and
understandable for consumers what they are consenting to.
Recommendation
The Danish Government recommends the Commission to ensure clarity on
the definition of valid reasons for unilateral changes to contracts and to eval-
uate whether requirements for a fair warning of such changes and a realistic
access to termination should be introduced.
Side 2/3
 EUU, Alm.del - 2022-23 (2. samling) - Bilag 443: Notat samt høringssvar vedr. evaluering af EU’s forbrugerlovgivning
2699501_0003.png
Recommendation 4: Codification of case law
In addition to the recommendations above, the Danish Government notes
that it will strengthen the clarity of the directive if relevant case law from
the European Court of Justice is codified. The Danish Government therefore
encourages the Commission to evaluate whether relevant case law should
be codified.
Recommendation
The Danish Government recommends the Commission to evaluate whether
relevant case law can be codified with the aim of strengthening the legal
clarity of the directive.
Side 3/3