CONSUMER RIGHTS BILL 2021

Consumer rights in Ireland are set for significant reform. The proposed Consumer Rights Bill was published earlier this year for public consulta!on by the Department of Enterprise, Trade and Employment. The public consultation process completed on June 30, 2021 and submissions will be fully considered before the text of the Bill is finalised.

The Bill only applies to Business to Consumer (not B2B) transactions and is expected to include new statutory rights and remedies in contracts for digital content. It is also expected to contain:

• Enhanced protections relating to contracts for the sale of goods with digital elements including a minimum 2 year legal guarantee against faulty products
  
• A black list of standard contractual terms and conditions that are always unfair
  
• New enforcement powers for the Competition and Consumer Protection Commission against traders who do not provide consumers with the remedies they are entitled to under the Act
  
• Rights and remedies in consumer contracts for the sale of goods j Rights and remedies in consumer contracts for the supply of digital content and digital services
  
• Rights and remedies in consumer contracts for the supply of non­digital services
  

The Omnibus Directive requires the enacted legislation to take effect in Ireland from 28 May 2022. Consequently, businesses may be afforded only a narrow window between the date of enactment and the legislation coming into force when relevant changes to documentation or processes will have to be complete.