Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7

Chapter B5 deals with the prohibition of untruthful and misleading information given in advertisements. The prohibition covers not only the advertising practices, but it equally includes the information given during the customer relationship (e.g. the information given after complaints and in connection with guarantees). The article discusses in detail each type of information specified in the relevant chapter of Consumer Protection Act and it gives examples on situations in which information might be considered misleading. The authors mention that the trader should notice that deception is a broader concept than untruthfulness: although the information given in an advertisement could be factually correct, the conclusion could still be that the advertisement is misleading.

Chapter B6 discusses the prohibition on omitting material information. This prohibition also covers the information given during the customer relationship next to the information given during advertising practices. According to the authors, the prohibition applies mostly in relation with commercial practices regarding individualized products or services, as such information has a more direct effect on the transactional behavior of consumers (e.g. in comparison with advertising practices relating to the image of the trader).

Other chapters of this book are also included in this database.