COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL New Consumer Agenda Strengthening consumer resilience for sustainable recovery
Date: 2020-11-13
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU strategy, consumer behaviour, consumer policy, consumer protection, digital economy, digital technology, green economy, international cooperation, single market

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 13.11.2020  COM(2020) 696 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL New Consumer Agenda         Strengthening consumer resilience for sustainable recovery  
 
 
NEW CONSUMER AGENDA 

STRENGTHENING CONSUMER RESILIENCE FOR SUSTAINABLE RECOVERY 

1.  INTRODUCTION 

European  consumers  rightly  expect  to  benefit  fully  from  the  single  market  and  to  be 
empowered to  make informed  choices  and play  an active  role in the  green and digital 
transition whenever and wherever they are in the EU. They expect to have free access to 
goods  and  services  across  the  EU  and  reassurance  that  their  rights  as  consumers  are 
protected, notwithstanding traditional and emerging challenges.  

The New Consumer Agenda (‘the Agenda’) presents a vision for EU consumer policy from 
2020 to 2025, building on the 2012 Consumer Agenda (which expires in 2020) and the 2018 
New Deal for Consumers1. It also aims to address consumers’ immediate needs in the face of 
the ongoing COVID-19  pandemic and to  increase their resilience. The pandemic has  raised 
significant  challenges  affecting  the  daily  lives  of  consumers,  in  particular  in  relation  to  the 
availability  and  accessibility  of  products  and  services,  as  well  as  travel  within,  and  to  and 
from the EU.  

The Agenda covers five key priority areas:  

(1) The green transition; 

(2) The digital transformation; 

(3) Redress and enforcement of consumer rights; 

(4) Specific needs of certain consumer groups; and 

(5) International cooperation.  

By ensuring that these priorities are appropriately addressed, the Agenda will act as a guide 
for  the  implementation  of  the  Single  Market  Programme  under  the  new  Multi-Annual 
Financial Framework (MFF). By promoting measures for a greener, more digital and fairer 
single market, its aim is to boost trust among consumers, whose spending generates 54% of 
the  EU’s  GDP2,  thus  stimulating  economic  recovery  from  the  demand  side.  In  this 
environment, there is a need to ensure effective protection of consumers’ interests while also 
supporting businesses, especially small and medium-sized enterprises3. 

The Agenda takes a holistic approach covering various Union policies that are of particular 
relevance  for  consumers.  It  reflects  the  need  to  take  account  of  consumer  protection 
requirements  in  the  formulation  and  implementation  of  other  policies  and  activities4.  It 

1 https://ec.europa.eu/info/law/law-topic/consumers/review-eu-consumer-law-new-deal-consumers_en.   
2 Eurostat: https://ec.europa.eu/eurostat/statistics-explained/index.php/Household_consumption_by_purpose.    
3 EU SME Strategy for a sustainable and digital Europe, COM(2020)103final.  
4 Article 12 of the Treaty on the Functioning of the European Union. 

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complements other EU initiatives, such as the European Green Deal5, the Circular Economy 
Action  Plan6  and  the  Communication  on  Shaping  Europe’s  digital  future7.  It  also  supports 
relevant international frameworks, such as the United Nations’ 2030 Agenda for Sustainable 
Development and the UN Convention on the Rights of Persons with Disabilities. 

An effective response to all these priorities requires close cooperation between the  EU and 
its  Member  States  and  proper  transposition,  implementation  and  enforcement  of  the  solid 
consumer protection framework developed over many years. For this reason, the Agenda puts 
forward  priorities  and  key  action  points  to  be  taken  forward  together  at  European  and 
national levels8.  

The Agenda is the product of intensive preparations and discussions with interested parties. 
An  open  public  consultation  showed  general  support  for  its  main  priorities,  including  the 
need to respond to the COVID-19 pandemic9. The comprehensive approach was welcomed as 
a  key  driver  for  a  sustainable,  green  recovery  and  a  fair  digital-oriented  society.  Effective 
enforcement  and  redress  as  well  as  support  for  consumers  with  specific  needs  are  seen  as 
important cross-cutting issues.  

2.  CONSUMERS IN THE COVID-19 PANDEMIC  

Example:  Online  consumer  scams  have  surged  significantly  during  the  crisis.  Fraudsters 
have  played  on  consumers’  fears  to  sell  unnecessary,  ineffective  and  potentially  dangerous 
products  on  the  basis  of  false  claims  as  to  their health  benefits,  for  example,  by  marketing 
goods with unjustified protective characteristics, or selling masks which do not comply with 
the  relevant  requirements.  The  Commission  and  consumer  authorities  have  reached  out  to 
platforms in order to make sure that hundreds of millions of illegal offers and advertisements 
were removed. Consumer rights and safety must continue to be protected, especially during a 
period of unprecedented uncertainty and distress. 

The COVID-19 pandemic is first and foremost a health crisis. The EU and its Member States 
have taken determined action to fight the pandemic in a coordinated way. It is important that 
everyone has equal and timely access to affordable tests, protective equipment, treatment 
and  future  vaccines  against  COVID-1910  and  all  necessary  preventive  and  curative 
healthcare11.  The  Commission  has  recently  set  out  further  concrete  response  measures12  to 
help limit the spread of the coronavirus, protect people’s lives and build increased resilience 
in all Member States. Products and services proving essential in the crisis need to provide the 

5 https://ec.europa.eu/info/strategy/priorities-2019-2024/european-green-deal_en.   
6 COM(2020)98final. 
7 https://ec.europa.eu/info/publications/communication-shaping-europes-digital-future_en.   
8 The Agenda lists actions in a selective and non-exhaustive manner in order to highlight major work streams 
and avoid overlap with other strategies and action plans already agreed. 
9 See https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12464-A-New-Consumer-Agenda.  
10 Communication from the Commission to the European Parliament, the European Council, the Council and the 
European Investment Bank on EU strategy for COVID-19 vaccines. COM(2020)245final.   
11 https://ec.europa.eu/info/live-work-travel-eu/health/coronavirus-response/public-health_en. 
12 Commission Communication on additional COVID-19 response measure of 28.10.2020, COM(2020)687final 
and  Commission  Recommendation of 28.10.2020 on COVID-19 testing strategies, including the use  of rapid 
antigen tests, C(2020)7502final. 

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consumer with full safeguards with regard to fundamental rights, medical ethics, privacy, and 
data protection in accordance with the General Data Protection Regulation.  

However,  the  profound  social  and  economic  disruption  that  has  followed  in  its  wake 
presents a major challenge to society. The EU has responded with an unprecedented effort to 
strengthen recovery and bolster resilience, but the economy remains fragile.  

The  pandemic  is  also  visibly  changing  people’s  consumption  and  mobility  patterns.  The 
confinement  measures  highlighted  the  crucial  role  of  digital  technologies  in  people’s  lives, 
allowing to purchase essential goods which would not otherwise be accessible and to access 
services despite the restrictions. Observed trends include buying more locally, booking travel 
less in advance, but also using on-line services more often. Some changes may be temporary, 
linked  to  the  health  situation  (e.g.  using  public  transport  less)  while  others,  notably  those 
linked  to  the  digital  transformation    (e.g.  increasing  online  purchase  of  food  or  accessing 
more  online  streaming  services  at  home,  including  for  cultural  and  sport  events)  could 
become more structural13.  

The  crisis  has  affected  many  areas  of  consumers’  lives  and  it  underlined  the  critical 
importance of a high level of consumer protection and close cooperation among authorities 
in the EU. At the same time, it has also brought to light certain gaps in the EU’s consumer 
protection framework.  

EU  consumers  rightly  expect  transport  undertakings  and  tour  operators  to  respect  their 
right to a full refund of pre-payments. However, consumers are facing significant problems in 
enforcing  this  right  due  to  the  liquidity  problems  of  the  sector  and  the  almost  halt  of 
passenger  transport  during  the  pandemic.  In  response,  the  Commission  and  Member  States 
have  taken  action  to  ensure  that  consumers’  rights  are  protected,  promoting  also  practical 
solutions, in full compliance with the applicable rules14. The experience from the pandemic 
and from previous events, such as the bankruptcy of Thomas Cook in 2019, calls for a deeper 
analysis  into  whether  the  current  regulatory  framework  for  package  travel,  including  as 
regards  insolvency  protection,  is  still  fully  up  to  the  task  of  ensuring  robust  and 
comprehensive consumer protection at all times, taking into account also developments in the 
field of passenger rights15. 

Another  area  of  concern  that  has  come  to  the  fore  during  the  pandemic  is  the  surge  in 
consumer scams, deceptive marketing techniques and fraud in online shopping, to which 
an increasing number of consumers have fallen  and continue to  fall victim16. Fighting such 
rogue trading practices has required close cooperation between the Commission and national 
enforcement  authorities.  Considering  their  central  role  in  facilitating  online  trade,  the 
Commission  also  stepped  up  its  contacts  with  major  online  platforms  which  took  effective 

13 An IPSOS survey for the Commission showed that in addition to a notable increase in online shopping in the 
first half of 2020, many consumers expect to make fewer visits to sporting or cultural events in the year to come 
(40 - 60%) and fewer trips on public transport (24 – 43%). 
14 Commission Recommendation (EU)2020/648 of 13 May 2020 on vouchers offered to passengers and travelers 
as  an  alternative  to  reimbursement  for  cancelled  package  travel  and  transport  services  in  the  context  of  the 
COVID-19 pandemic (OJ L 151, 14.5.2020).  
15  Passenger  Rights  Regulations  (EC)  261/2004,  (EC)  1371/2007,  (EU)  1177/2010  and  (EU)  181/2011,  and 
Directive (EU) 2015/2302 on package travel. 
16 
covid-19_en.  

https://ec.europa.eu/info/live-work-travel-eu/consumers/enforcement-consumer-protection/scams-related-

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measures  to  prevent  and  react  to  relevant  illegal  content17.  To  improve  resilience  to  mass-
harm practices that pose a threat to the public interest, competent authorities should maintain 
cooperation  with  key  stakeholders  such  as  platforms,  business  associations,  advertisers  and 
consumer organisations. At the same time, there  is  a need to  keep a close watch  for online 
scams  and  to  further  increase  cooperation  with  other  relevant  networks  including  law 
enforcement  authorities,  domain  registries  and  the  International  Consumer  Protection  and 
Enforcement Network (ICPEN).    

The changing consumption patterns pose new challenges. They led to a surge in consumers’ 
single-use  packaging  and  plastic  personal  protection  equipment  waste,  to  which  the 
Commission  promptly  gave  a  first  policy  response  in  April  202018.  The  pandemic  also 
revealed the risk for certain categories of consumers to fall behind, particularly those lacking 
the  means  or  skills  to  participate  actively  in  a  rapidly  changing  market,  especially  online. 
This  calls  for  even  greater  focus  on  initiatives  to  support  integration,  inclusion, 
awareness raising and education of consumers. 

It will be important to understand how consumers’ behaviour adjusts in the long term in the 
aftermath of the pandemic and to develop the necessary foresight19 to inform future policy 
action  and  to  take  into  account  data  and  evidence  from  research  on  consumers’  behaviour 
when assessing the resilience of the EU to future shocks. 

  Action  1:  By  2022,  the  Commission  plans  to  analyse  the  extent  to  which  the 
Package Travel Directive is still adequate in the light of recent crises, building on 
the 2021 report on its application. 

  Action  2:  By  2022,  the  Commission  plans  to  engage  in  foresight  to  explore  the 
longer-term impact of COVID-19 on the consumption patterns of people in the EU 
as a basis for future policy initiatives. 

  Action  3:  The  Commission  will  support  and  facilitate  cooperation  between  the 
Consumer  Protection  Cooperation  network  and  other  networks  and  stakeholders  to 
tackle consumer scams, unfair marketing practices and fraud20. 

In 

see 

this 

context, 

recently 

guidelines 

17  As  a  result,  platforms  reported  a  sharp  decrease  of  at  least  80%  in  misleading  marketing  of  face  masks  or 
other protective equipment in the summer as compared to the March average. 
18 
published 
the 
https://ec.europa.eu/info/sites/info/files/waste_management_guidance_dg-env.pdf.  
19  The  Communication  from  the  Commission  to  the  European  Parliament  and  the  Council  on  2020  Strategic 
Foresight Report, COM(2020)493final,   gives foresight a key role in developing future-proof EU policymaking 
and  in  grounding  short-term  initiatives  in  a  longer-term  perspective.  Foresight  can  help  build  collective 
intelligence and chart the way forward for the twin green and digital transitions and to recover from disruptions. 
Among other foresight activities, the Commission's Joint Research Centre monitors 14 megatrends as part of its 
Megatrends Hub some of which are highly relevant to consumer policies.      
20 Taking into account the relevant actions proposed in the Joint Communication to the European Parliament, the 
European  Council,  the  Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions - Tackling COVID-19 disinformation -getting the facts right, JOIN(2020)8final - see Section 8. 

Commission 

the 

by 

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3.  KEY PRIORITY AREAS  

3.1. Green transition  

Example:  Negative  environmental  impacts  and  early  obsolescence21are  a  growing  concern 
for  EU consumers  who  often complain  that purchased goods do not  last very long  and are 
produced  under  conditions  detrimental  to  the  environment;  85%  would  welcome  better 
information  on  durability  of  a  good  when  deciding  on  a  purchase.  Studies  show  that  when 
consumers receive such information, the sales of the most durable versions can almost triple; 
consumers are even willing to pay more for goods with longer durability22.  

Consumers  across  Europe  are  showing  a  growing  interest  in  contributing  personally  to 
achieving  climate  neutrality,  preserving  natural  resources  and  biodiversity,  and  reducing 
water, air and soil pollution23. The challenge is to unlock this potential through measures that 
empower, support and enable every consumer, regardless of their financial situation, to play 
an active role in the green transition without imposing a specific lifestyle and without social 
discrimination.  Access  to  sustainable  products  should  not  be  dependent  on  the  level  of 
income or where you live, but should be available to everyone. 

The European Green Deal sets out a comprehensive strategy to transform the EU into a fair 
and prosperous society, with a climate-neutral, resource-efficient, clean and circular economy 
in  which  economic  growth  is  decoupled  from  resource  use  and  where  negative  impacts  on 
natural capital and biodiversity are reduced. This requires profound and rapid change in our 
habits and behaviour to reduce our environmental footprint in all areas from housing and 
food to mobility and leisure24.  

A number of initiatives are being taken already with the aim to ensure that products, both 
goods and services, sold to EU consumers are fit for the above objectives. These include: 

  the  Farm  to  Fork  Strategy25  and  the  EU  Biodiversity  Strategy26,  announcing  key 
actions27 and initiatives aiming at reducing the environmental and climate footprint of 

21 Meaning that a product cannot be used for the expected purpose and break earlier than expected. 
22 A behavioral study on consumer’s engagement in the circular economy (https://ec.europa.eu/info/live-work-
travel-eu/consumers/sustainable-
consumption_en#behaviouralstudyonconsumersengagementinthecirculareconomy). 
23  Special  Eurobarometer  501  (March  2020)  Attitudes  of  European  citizens  towards  the  environment 
https://ec.europa.eu/commfrontoffice/publicopinion/index.cfm/survey/getSurveydetail/instruments/special/surve
yky/2257. 
24  A  recent  JRC  report  on  life  cycle  assessment-based  indicators  identifies  consumption  of  food,  housing  and 
mobility as relevant contributors to the overall environmental impacts of EU consumers. Sala S. et al. (2019) 
Indicators  and  Assessment  of  the  environmental  impact  of  EU  consumption.  Consumption  and  Consumer 
Footprint  for  assessing  and  monitoring  EU  policies  with  Life  Cycle  Assessment,  doi:10.2760/403263, 
JRC114814. 
25 COM(2020)381final. 
26 COM(2020)380final. 
27  E.g.  a  proposal  for  a  legislative  framework  for  sustainable  food  systems,  a  proposal  for  a  sustainable  food 
labelling framework to empower consumers to make sustainable food choices. 

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the  EU  food  systems  and  empowering  consumers  to  make  informed,  healthy  and 
sustainable food choices28;  

  the  recently  published  Roadmap  for  the  2021  Zero  Pollution  Action  Plan29,  which 
identifies  consumer  products  as  an  important  area  for  action  and  explores  ways  to 
incentivise30 consumers to make cleaner choices;  

  the  Chemicals  Strategy  for  Sustainability31,  which  has  also  announced  actions 
aiming to increase the information on chemicals available to consumers, protect them 
from  the  most  harmful  substances,  and  promotes  the  safe  and  sustainable-by-design 
chemicals;  

  building on the 2018 Action Plan32, the forthcoming Renewed Sustainable Finance 
Strategy will seek to offer consumers new opportunities to have a positive impact on 
sustainability  by  providing  them  with  reliable,  complete  and  trusted  information  on 
the financial products they invest in; and 

  the  Renovation  Wave33  presents  a  strategy  to  make  homes  for  consumers  fit  for  a 
greener and digital society, including strengthened information tools for consumers. 

Furthermore,  the  new  Circular  Economy  Action  Plan  sets  out  a  number  of  specific 
initiatives34 to fight early obsolescence and promote durability, recyclability, reparability, 
and  accessibility35  of  products,  and  to  support  action  by  business.  Notably,  the  Sustainable 
Products Initiative36 will aim to make sustainable products the norm, by establishing product 
sustainability  principles  and  revising  the  Ecodesign  Directive37,  extending  its  scope  beyond 
energy-related  products  and  delivering  on  circularity.  Additional  regulatory  and  non-
regulatory measures will be needed to address specific groups of goods and services, such as 
ICT, electronics or textile, and packaging. For instance: 

28  Changing  consumer  choices  towards  healthy  diets  can  contribute  to  reducing  greenhouse  gas  emissions,  as 
recognized  in  the  communication  on  Stepping  up  Europe’s  2030  Climate  Ambition  (COM/2020/562).  To 
enhance consumers’ access to information and to make the healthy and sustainable choice the easy choice, the 
Farm to Fork Strategy sets out a framework for action. These actions range from the mandatory front-of-pack 
nutrition labelling, animal welfare labelling, setting nutrient profiles to restrict promotion of food high in salt, 
sugars or fat or exploring the extension of the mandatory origin indication for certain foods.  
29 

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12588-EU-Action-Plan-Towards-a-

Zero-Pollution-Ambition-for-air-water-and-soil. 
30 Amongst others, awareness-raising campaigns could be considered to encourage consumers to make enhanced 
resort to clean and safe tap water, rather than plastic-bottled one, to safely dispose unused pharmaceuticals, to 
play a role in preventing micro-plastics from reaching our fresh- and marine waters, to choose cleaner transport 
modes as well as cleaner heating and cooling systems to contribute to clean air, both indoor and outdoor and to 
be  able  to  identify  products  which  contribute  to  safeguarding  nature  through  sustainable  use  of  Natura  2000 
sites. 
31 COM(2020)667final.  
32 COM(2018)097final. 
33 COM(2020) 662final. 
34 Notably, the initiatives for a sustainable product policy and on substantiating green claims. 
35  Accessibility  is  to  be  understood  as  the  removal  and  preventions  of  barriers  that  hinder  participation  of 
persons with disabilities on equal basis with others. It also contributes to durability and reusability and indicated 
in the Circular economy action plan in line with Directive (EU) 2019/882 of the European Parliament and of the 
Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70.   
36 https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12567-Sustainable-Products-
Initiative.  
37 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0125-20121204. 

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  The  Circular  Electronics  Initiative38  aims  to  ensure  that  electronic  devices  are 
designed  for  durability,  maintenance,  repair,  disassembly,  dismantling,  reuse  and 
recycling,  and  that  consumers  have  a  ‘right  to  repair’  them  including  software 
updates. 

  The initiative on a common charger for mobile phones and other portable devices39, 
aims  to  increase  consumer  convenience  and  reduce  material  use  and  e-waste 
associated with production and disposal of this particular item used daily by the vast 
majority of consumers.  

  The  upcoming  EU  Textiles  Strategy  will  seek  to  empower  consumers to  choose 

sustainable textiles and have easy access to re-use and repair services. 

  The  review  of  the  Packaging  and  Packaging  Waste  Directive  aims  to  make  all 
packaging  re-usable  and  recyclable  in  an  economically  viable  way  and  address 
overpackaging. 

These  initiatives  will  promote  better  value  retention,  prioritise  safer  and  more  durable 
products and keep materials in the economic cycle (refuse, reduce, repair, reuse, and recycle) 
for as long as possible40.   

To enable a socially optimal uptake of new goods and services as well as of new approaches 
to  consumption,  consumers  need  better  and  more  reliable  information  on  sustainability 
aspects  of  goods  and  services,  while  avoiding  information  overload.  Respondents  to  the 
public consultation41 pointed to a lack of such information and to concerns as to the reliability 
of environmental claims and information on products as important obstacles to greater uptake 
of sustainable consumption choices. The upcoming initiative on empowering consumers for 
the  green  transition  intends  to  address  consumers’  access  to  information  on  environmental 
characteristics of products, including their durability, reparability or upgradeability, as well as 
the  issue  of  the  reliability  and  comparability  of  such  information.  It  will  set  out  general 
requirements  that  would  complement  more  targeted  rules  contained  in  sectoral  legislation, 
e.g. on specific products or product groups. 

Better  information  on  the  availability  of  spare  parts  and  repair  services  can  further  support 
product durability. The upcoming initiative on empowering consumers in the green transition, 
the Sustainable Product  Policy  Initiative  and, where relevant,  sector specific initiatives will 
be essential to give consumers an effective right to repair. Moreover, the future review of 
the  Sale  of  Goods  Directive42  would  provide  an  opportunity  to  examine  what  more  can  be 
done to  promote repair, and encourage more sustainable, circular products. Various options 
regarding  consumer  remedies  will  be  looked  at,  such  as  giving  preference  to  repair  over 

38 A key action announced in the Digital Strategy, Shaping Europe’s Digital Future, COM(2020) 67 final, and in 
the Circular Economy Action Plan, COM(2020)98final.  
39 https://ec.europa.eu/growth/sectors/electrical-engineering/red-directive/common-charger_en. 
40 Additionally, the Commission will also explore options for EU-wide take-back and return schemes of small 
electronics to improve the collection and treatment of e-waste and to provide consumers with more information 
and options to return their used and waste electronics stored at home. 
41 https://ec.europa.eu/info/files/factual-summary-report-public-consultation-new-consumer-agenda_en. 
42  Directive  2019/771  of  the  European  Parliament  and  of  the  Council  of  20  May  2019  on  certain  aspects 
concerning  contracts  for  the  sale  of  goods,  amending  Regulation  (EU)  2017/2394  and  Directive  2009/22/EC, 
and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28). 

7 

 
                                                           
replacement,  extending  the  minimum  liability  period  for  new  or  second-hand  goods, 
restarting a new liability period after repair.  

These  efforts  could  be  complemented  by  promoting  new  consumption  concepts  and 
behaviours, such as the sharing economy, new business models allowing consumers to buy a 
service  rather  than  a  good,  or  support  for  repairs  through  community  and  social  economy 
organisations actions (e.g. repair cafés) and for second-hand markets. 

Providing consumers with better and more reliable information often means  improving the 
existing  tools.  The  updated  labels  that  provide  information  on  products  and  appliances 
covered  by  the  eco-design  directive  and  energy  labelling  framework  will  help  to  raise 
awareness  and  manage  expectations  of  the  energy  performance  of  products,  contributing  to 
the EUs energy efficiency objective. In addition, uptake and awareness of the EU Ecolabel43 
could  be  fostered 
through  communication  actions  and  partnerships  with  relevant 
stakeholders, including retailers, aiming to promote the EU Ecolabel also on e-marketplaces. 
The EU Ecolabel would, moreover, be extended to retail financial products  in line with the 
2018 Sustainable Finance Action Plan44, allowing consumers to rely on a trusted and credible 
label when investing in green financial products.  

In  addition,  consumers  need  to  be  better  protected  against  information  that  is  not  true  or 
presented in a confusing or misleading way to give the inaccurate impression that a product 
or enterprise is  more environmentally sound, called “greenwashing”. Actions to  that effect 
are also being developed in the area of sustainable finance45. Furthermore, the Commission 
will  propose  that  companies  substantiate  their  environmental  claims  using  Product  and 
Organisation  Environmental  Footprint  methods 
to  provide  consumers  with  reliable 
environmental information.  

The Commission will examine ways to create a sustainable labelling framework that covers, 
in  synergy  with  other  relevant  initiatives,  the  nutritional,  climate,  environmental  and  social 
aspects of food products.  

Consumer energy choices will be key to deliver on the new climate targets for 2030 and 
climate neutrality by 2050. New rules entering into force on 1 January 202146 will improve 
information for consumers through electricity billing and independent price comparison tools, 
as  well  as  facilitation  of  prosumer  choices  and  energy  communities.  The  Commission  will 
propose provisions for other energy carriers to empower gas and district  heating consumers 
with similar rights.  

The digital transformation offers also other new opportunities to provide more targeted 
and  understandable  information.  The  development  of  digital  product  passports  under  the 
Sustainable  Products  Initiative47  would  aim  to  help  inform  consumers  on  the  products’ 
environmental  and  circular  aspects.  More  broadly,  digital  information  could  empower 

43 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Aco0012. 
44 COM(2018)097final.  
45 
In  particular, 
content/EN/TXT/?uri=CELEX%3A32019R2088), 
content/EN/TXT/?uri=celex:32020R0852) and the ongoing revision of the Non-Financial Reporting Directive. 
46 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for 
the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125). 
47 Also announced in the EU Data Strategy COM(2020)66final. 

the  Sustainability-related  Disclosure  Regulation 
the  EU  Taxonomy 

(https://eur-lex.europa.eu/legal-
(https://eur-lex.europa.eu/legal-

8 

 
                                                           
consumers to  check the reliability  of information, make comparisons between products, but 
also inform them in a more holistic way about their environmental impacts, for example their 
carbon footprint. Action and resources, including from the Technical Support Instrument for 
capacity building48 under the next MFF, should be used to support initiatives promoting and 
activating clean, climate-neutral, sustainable consumption culture and behaviour. This should 
be done in accessible, innovative and appealing ways, e.g. through smartphone applications 
and websites49, and draw on the existing tools50. 

Businesses,  including  SMEs,  could  play  an  important  role  in  the  quest  for  greener 
consumption.  Integrating  sustainability  objectives  into  corporate  strategies  and  decision 
making  could  result  in  more  sustainable  products  becoming  available.  Examples  of  good 
practices range from monitoring environmental and natural capital impacts, dependencies and 
risks across the full value chain, the inclusion of environmental information in disclosures to 
consumers,  to  taking  consumer  interests  into  account  in  corporate  board  decisions.  The 
Commission  envisages  to  put  forward  in  2021  a  legislative  initiative  on  sustainable 
corporate governance to foster long-term sustainable and responsible corporate behaviour51. 
To stimulate more voluntary corporate action, the Commission plans to work with economic 
operators  to  encourage  their  voluntary  pledges  to  disclose  to  consumers  the  company’s 
environmental  footprint,  improve  their  sustainability  and  reduce  the  impact  on  the 
environment.  These  pledges  will  be  developed  in  synergy  with  the  forthcoming  European 
Climate  Pact.  They  will  build  on  existing  methodologies,  tools  and  applicable  legislation52. 
Over time, these pledges could bring in participants from a wide range of sectors, based on 
increasingly diverse commitments.  

  Action  4:  In  2021,  the  Commission  plans  to  present  a  legislative  proposal  to 
empower consumers for the green transition with better information on products’ 
sustainability  and  better  protection  against  certain  practices,  such  as  greenwashing 
and  early  obsolescence,  and  a  legislative  proposal  on  the  substantiation  of  green 
claims based on the Environmental Footprint methods. 

  Action 5: Starting this year, the Commission plans to work with economic operators 
to encourage voluntary pledges of these operators to actions in support of sustainable 
consumption beyond what is required by law. 

  Action  6:  From  2022,  the  Commission  will  assess,  in  the  context  of  the  review  the 
Sales  of  Goods  Directive,  how  to  further  promote  repair  and  encourage  more 
sustainable, “circular” products.  

48  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020PC0409 
49  The  European  Green  Deal  Call  launched  in  September  2020  invites  for  solutions  empowering  citizens  e.g. 
through  mobile phone apps  measuring their carbon footprint on the basis of data  on their consumption  habits 
and lifestyle preferences and providing personalised footprint-reducing suggestions. 
50 For instance, the Consumer Footprint tool developed by the Commission.  
51 See Commission Work Programme 2021, COM(2020)690final. 
52 For instance,  Recommendation 2013/179/EU on the  use of common  methods  to  measure and communicate 
the  life  cycle  environmental  performance  of  products  and  organisations,  and  suggestions  for  updating  the  EF 
methods  https://eplca.jrc.ec.europa.eu/permalink/PEF_method.pdf),  EMAS  Regulation  (EC)  1221/2009  or  EU 
Ecolabel Regulation (EC) 66/2010.  

9 

 
 
 
 
 
                                                           
3.2. Digital Transformation 

Example: Between 2014 and 2019, the proportion of Internet users in the EU who bought or 
ordered  goods  or  services  online  for  private  use  grew  from  63%  to  71%;  in  five  Member 
States53, those figures exceeded 80%54. Consumers should be protected at a comparable level 
online as  they are offline. Rules should be adapted to  the connected environment  to  ensure 
that, for example, smart home devices are not subject to cybersecurity risks, and online offers 
of  credit  provide  the  necessary  information  that  is  easily  readable  and  accessible  on  a 
smartphone. 

The  digital  transformation  is  radically  changing  consumers’  lives,  providing  them  with 
more opportunities and a wider choice of both goods and services. At the same time, it can 
make  it  harder  for  them  to  make  informed  choices  and  safeguard  their  interests.  The 
underlying  data  collection  and  processing  combined  with  analysis  of  consumers’  behaviour 
and their cognitive biases can be used to influence consumers to take decisions that may go 
against  their  best  interests.  This  may  limit  effectiveness  of  the  current  rules  designed  to 
protect consumers in the digital environment, inter alia against unfair commercial practices. 
The Directive on Better Enforcement and Modernisation of Consumer Law55 and the Digital 
Content Directive56 are important steps to address some of these challenges. Considering the 
fast pace of the technological progress and its impact on the consumer experience, additional 
action is needed.  

Commercial  practices  that  disregard  consumers’  right  to  make  an  informed  choice,  abuse 
their  behavioural  biases,  or  distort  their  decision-making  processes,  must  be  tackled.  These 
practices include the use of ‘dark’ patterns57, certain personalisation practices often based on 
profiling,  hidden  advertising,  fraud,  false  or  misleading  information  and  manipulated 
consumer  reviews.  Additional  guidance  is  needed  on  the  applicability  of  consumer  law 
instruments  such  as  the  Unfair  Commercial  Practices  Directive  and  Consumer  Rights 
Directive to these practices. Ultimately, consumers should benefit from a comparable level 
of protection and fairness online as they enjoy offline. 

In order to  ensure consumers derive  full  benefit  from  the significant  potential  of the digital 
transformation, consumer interests should be taken into account in the design or adaptation of 
rules governing the digital economy. The objective is twofold: to create a safer digital space 
for  consumers  where  their  rights  are  protected  and  to  ensure  a  level  playing  field  enabling 
innovation to deliver newer and better services to all Europeans. 

First, the Commission’s upcoming proposal for a new Digital Services Act (DSA), will aim 
to  define  new  and  enhanced  responsibilities  and  reinforce  the  accountability  of  online 

53 UK, Denmark, Netherlands, Sweden and Germany. 
54 Eurostat - Digital economy and society statistics - households and individuals - Ordering or buying goods and 
services. 
55  Directive  (EU)2019/2161  of  the  European  Parliament  and  of  the  Council  of  27  November  2019  amending 
Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament 
and  of  the  Council  as  regards  the  better  enforcement  and  modernisation  of  Union  consumer  protection  rules 
(OJ L 328, 18.12.2019, p. 7). 
56 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects 
concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 
57 User-interface designs aimed at manipulating consumers. 

10 

 
                                                           
intermediaries and platforms. The DSA will ensure that consumers are protected effectively 
against illegal products, content and activities on online platforms as they are offline.  

Second, to address the problems arising in digital markets prone to market failures, such as 
the gatekeeper power of certain digital platforms, the Commission is planning to present also 
a Digital Markets Act. It would combine the ex ante regulation of digital platforms having 
the characteristics of gatekeepers with a dynamic market investigation framework to examine 
digital  markets  prone  to  market  failures.  Consumers  will  be  the  final  beneficiaries  of  fairer 
and  more  contestable  digital  markets,  including  lower  prices,  better  and  new  services  and 
greater choice. 

While artificial intelligence (AI) can do a lot of good, some AI uses could breach consumer 
rights  and  cause  harm  to  consumers58.  Following  its  White  Paper  on  AI59  and  the 
accompanying  report  on  liability  and  the  safety  of  new  technologies60,  the  Commission  is 
working on: 

  a  proposal61  to  guarantee  a  high  level  of  protection  of  consumer  interest  and  the 
protection of fundamental rights, in turn building the trust necessary for the societal 
uptake of AI; 

  as  regards  civil  liability,  measures  to  ensure  that  victims  of  damage  caused  by  AI 
applications  have  the  same  level  of  protection  in  practice  as  victims  of  damage 
caused by other products or services.  

The  advance  of  new  technologies  and  the  globalisation  of  production  and  retail  trade, 
including  through  online  channels,  raise  the  question  whether  existing  product  safety  rules 
are  sufficient  to  deal  with  current  developments  and  adequately  protect  consumers.  The 
Commission  is  currently  working  on  a  number  of  initiatives  on  the  safety  of  new 
technologies, such as: 

  the revision of the Machinery Directive62; 
  the adoption of delegated acts under the Radio Equipment Directive63; and  
  the revision of the General Product Safety Directive64. 

The General Product Safety Directive, which provides the legal framework for the safety of 
non-food consumer products65, derives from a time when AI-powered products and connected 

58  Algorithms  and  related  machine-learning,  if  not  transparent  and  robust  enough,  may  for  example  risk 
repeating, amplifying or contributing to biases that programmers may not be aware of or that are  the result of 
specific data selection. 
59 Artificial Intelligence - A European approach to excellence and trust. COM(2020)65final. 
60    Report  from  the  Commission  to  the  European  Parliament,  the  Council  and  the  European  Economic  and 
Social  Committee  -  Report  on  the  safety  and  liability  implications  of  artificial  intelligence,  the  Internet  of 
Things and robotics. COM(2020)64final. 
61 Inception Impact Assessment for a Proposal for a legal act of the European Parliament and the Council laying 
down requirements for Artificial Intelligence. 
62  Directive  2006/42/EC  of  the  European  Parliament  and  of  the  Council  of  17  May  2006  on  machinery,  and 
amending Directive 95/16/EC(OJ L 157, 9.6.2006, p. 24). 
63 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation 
of  the  laws  of  the  Member  States  relating  to  the  making  available  on  the  market  of  radio  equipment  and 
repealing Directive 1999/5/EC(OJ L 153, 22.5.2014, p. 62). 
64 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product 
safety (OJ L 11, 15.1.2002, p. 4). 
65 The Directive applies in the absence of more specific provisions with the same objective in EU legislation.  

11 

 
                                                           
devices were rare, which is not the case anymore. Such developments challenge the current 
definition of products and bring new risks or change the way existing risks could materialise, 
which  should  be  reflected  and  duly  taken  into  account.  The  growth  of  online  selling  also 
poses new challenges, as authorities do not always have sufficiently effective instruments for 
online  market  surveillance.  In  addition,  e-commerce  allows  consumers  to  purchase  directly 
from  operators  located  outside  the  EU,  making  it  more  difficult  to  check  the  safety  of 
products entering the single market. The forthcoming proposal for a revision of the General 
Product  Safety  Directive,  foreseen  for  2021,  should  provide  a  solid  response  to  these 
increasing challenges. 

Moreover,  a  universally  accepted  public  electronic  identity  –  based  on  the  consumers’ 
choice,  their  consent  and  the  guarantee  that  their  privacy  is  fully  respected  in  line  with  the 
General  Data  Protection  Regulation  (GDPR)  –  could  give  consumers  the  possibility  to 
manage  the  access  and  use  of  their  data  in  a  fully  controlled  and  secure  manner.  The 
Commission  is  currently  reviewing  such  a  system,  taking  into  account  the  interest  and 
protection of consumers66.  

To address unjustified geo-blocking, which discriminates between EU consumers to segment 
markets along national borders, the Commission is currently carrying out its first short term 
review of the Geo-blocking Regulation67.  
The European Strategy for Data68 aims to facilitate the effective individuals’ right to data 
portability under the GDPR. This right has clear potential to put individuals at the centre of 
the data economy by enabling them to switch between service providers, combine services, 
use  other  innovative  services  and  choose  the  services  that  offer  most  data  protection.  The 
Strategy will also drive the creation of a genuine single market for data and the creation of 
common European data spaces. 

Furthermore,  the  retail  financial  services  sector  has  been  profoundly  transformed  by  the 
digital  transition69  introducing  new  trends  and  solutions,  and  diversifying  the  offer  of 
financial products and services. Non-traditional providers of such services – such as FinTechs 
and peer-to-peer lenders – have joined traditional providers who themselves increasingly use 
online  sales  channels  as  well.  New  products,  such  as  short-term  high-cost  loans,  that  are 
concluded for a short period but can lead to significant costs for the borrower, are ever-more 
marketed and sold digitally. New technologies, such as instant payment solutions, can bring 
tangible  benefits  for  consumers  but  may  require  specific  consumer  protection  measures70. 
The Commission has recently announced initiatives which will improve consumer protection 

66 The Commission is currently evaluating  Regulation (EU) No 910/2014  on electronic identification and trust 
services for electronic transactions in the internal market (eIDAS Regulation). 
67 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing 
unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or 
place  of  establishment  within  the  internal  market  and  amending  Regulations  (EC)  No  2006/2004  and  (EU) 
2017/2394 and Directive 2009/22/EC (OJ L 60 I, 2.3.2018, p. 1). The Commission will soon adopt the Report 
presenting its conclusions, including the need to carefully monitor the implementation of the Regulation by the 
competent authorities in order to ensure that consumers and businesses fully benefit from the full potential of the 
Digital Single Market. 
68 Communication “A European strategy for data” (COM(2020)66final. 
69  In  September  2020,  to  ensure  that  consumers  and  businesses  reap  the  benefits  of  innovation  while  being 
package, 
protected, 
https://ec.europa.eu/info/publications/200924-digital-finance-proposals_en . 
70 Retail Payments Strategy for the EU, COM(2020)592final).  

Commission 

adopted 

finance 

digital 

new 

the 

a 

12 

 
                                                           
in payments. These issues will be considered in the framework of the recently adopted Retail 
Payments Strategy for the EU71.  

The use of alternative categories of data in combination with automated decision-making for 
credit  scoring  raises  questions  as  to  what  data  should  be  used  to  assess  consumers’ 
creditworthiness  and  highlights  the  risks  of  discrimination  from  decisions  based  on  opaque 
algorithms – a type of risk likely to be addressed also through the above-mentioned legal act 
on  requirements  for  Artificial  Intelligence.  Moreover,  existing  legislation,  such  as  the 
Consumer  Credit  Directive,  the  Mortgage  Credit  Directive,  the  Payment  Account 
Directive and the Distance Marketing of Financial Services Directive, should be revised in 
order to reflect the growing use of digital means and address the above-mentioned challenges. 
It  should,  empower  consumers  to  understand  products  and  to  compare  and  accept  offers 
online, thereby boosting innovation and consumer trust.  

The  Commission’s  new  digital  finance  package,  including  digital  finance  and  retail 
payments  strategies  and  legislative  proposals  on  crypto-assets  and  digital  operational 
resilience  for  the  financial  sector  aim  to  ensure  that  consumers  and  businesses  reap  the 
benefits of innovation while being protected. Reflecting ongoing developments in the digital 
transformation  will  also  be part of the  retail  investment  strategy which should focus on the 
interests of individual investors and is envisaged for the first half of 2022. 

In  addition,  the  digital  transformation  can  also  bring  new  challenges  such  as  when  digital 
solutions  are  not  designed  to  be  also  accessible  to  persons  with  disabilities.  The 
Commission is supporting Member States in the transposition of the European Accessibility 
Act72.  Its  application  by  2025  will  help  remove  digitalisation  challenges  for  people  with 
disabilities and increase the availability of accessible products and services for persons with 
disabilities.  

Finally,  the  digital  transformation  requires  consumers  to  have  strong  digital  literacy  and 
digital competences that should be promoted by education and training in a lifelong learning 
perspective  as  highlighted  by  the  Digital  Education  Action  Plan  2021-202773  and  its 
strategic priorities. 

  Action  7:  By  2022  and  after  updating  its  guidance  documents  on  the  Unfair 
Commercial  Practices  Directive  and  the  Consumer  Rights  Directive,  the 
Commission  plans  to  analyse  whether  additional  legislation  or  other  action  are 
needed in the medium-term in order to ensure equal fairness online and offline. 

  Action 8: In 2021, as announced in the White Paper on AI, the Commission foresees 
to make a proposal for a horizontal legal act laying down requirements for AI. 

  Action 9: In 2021, the Commission plans to prepare a proposal for a revision of the 
General  Product  Safety  Directive  to  address  new  challenges  to  the  safety  of 
products brought by new technologies and online selling. Complementarily, in 2021 

71 COM(2020)592final. 
72  Directive  2019/882  of  the  European  Parliament  and  of  the  Council  of  17  April  2019  on  the  accessibility 
requirements for products and services (OJ). 
73 COM(2020)624 Communication Digital Education Action Plan 2021-2027 Resetting education and training 
for the digital age. 

13 

 
                                                           
the Commission  aims  to also  prepare a proposal for the  revision of the Machinery 
Directive.  

  Action 10: In 2021, the Commission plans to prepare proposals for the revision of the 
Consumer  Credit  Directive  and  the  Distance  Marketing  of  Financial  Services 
Directive to reinforce consumer protection in the context of the digitalisation of retail 
financial services. 

3.3.  Effective enforcement and redress 

Example:  The  forthcoming  Directive  on  Representative  Actions  allows  consumers  to  join 
forces. For future cases, qualified entities, designated for  this purpose, can  bring cases for 
the  collective  interests  of  consumers,  including  in  cross-border  situations,  more  easily  to 
courts  or  administrative  authorities.  This  will  make  it  easier  for  consumers  to  seek  jointly 
redress in  cases that are similar,  for  example, to  the  manipulation  of  exhaust gas  emission 
tests for certain diesel cars.  

Just as businesses are entitled to sell products and offer services to all consumers in the single 
market,  consumers,  wherever  they  are  in  the  EU,  should  be  able  to  enforce  their  rights 
effectively  vis-à-vis 
these  businesses.  In  practice,  however,  website  screening  by 
enforcement  authorities  has  shown  that  consumer  rights  are  often  not  respected.  Between 
2007 and 2019, an average 60% of websites checked were found not to be complying with 
basic consumer rules and thus requiring corrections74. 

The  enforcement  of  consumer  rights  is  first  and  foremost  the  responsibility  of  national 
authorities,  but  the  EU  plays  an  important  coordinating  and  supporting  role.  The  new 
Consumer  Protection  Cooperation  (CPC)  Regulation75  which  entered  into  force  in 
January  2020,  provides  a  stronger  basis  for  joint  EU  action.  It  strengthens  enforcement 
authorities’  online  capacity,  cooperation  mechanisms  and  intelligence  gathering  system  to 
address large-scale infringements of EU consumer law, ensure consistent level of consumer 
protection  and  offer  a  ‘one-stop-shop’  for  businesses.  The  Commission  will  not  hesitate  to 
make use of its powers under the Regulation to trigger coordinated enforcement actions on 
EU-wide  issues  where  necessary.    In  line  with  the  strategic  priorities  of  this  Agenda,  work 
will focus on addressing:  

 

the  impact  of  COVID-19  on  consumer  rights  (i.e.  scams,  travel  related  issues  and 
exploitation of financial vulnerabilities which existed before the pandemics but have 
become more acute76), and 

  misleading  green  claims  and  unfair  commercial  practices  in  relation  to  online 

influencing techniques and personalisation.  

74 https://ec.europa.eu/info/live-work-travel-eu/consumers/enforcement-consumer-protection/sweeps_en.  
75  Regulation  (EU)  2017/2394  of  the  European  Parliament  and  of  the  Council  of  12  December  2017  on 
cooperation  between  national  authorities  responsible  for  the  enforcement  of  consumer  protection  laws  and 
repealing Regulation (EC) No 2006/2004, OJ L 345, 27.12.2017, p. 1–26. 
76 See also the Joint Communication of 10 June 2020 “Tackling COVID-19 disinformation - Getting the facts 
right”, JOIN(2020) 8 final. 

14 

 
                                                           
The Regulation  requires  the Commission  to  carry out  an  evaluation of the effectiveness  of 
the new rules by January 2023. 

In addition, the EU recently reviewed its legal framework for consumer protection. The new 
Directive  on  Better  Enforcement  and  Modernisation  of  Consumer  Law77  and  the 
forthcoming Directive on Representative Actions78  will substantially strengthen consumer 
rights, in particular by providing for more digital fairness, stronger sanctions and an effective 
mechanism for collective redress.  

To ensure uniform enforcement throughout the EU and assist authorities in coping better with 
the difficulties arising from the digital transformation, the Single Market Programme under 
the  new  MFF  will  prioritise  funding  national  authorities’  capacity-building  activities.  The 
Commission plans to fund a project to set up an ‘EU e-Lab’ as a platform that will provide a 
common  toolbox  that  authorities  can  use  to  carry  out  online  investigations  and  monitor 
dangerous  products  sold  online  by  deploying  advanced  IT  solutions,  using  AI,  data  mining 
techniques and webcrawlers. In addition, it will seek to strengthen the capacities of potential 
future  qualified  entities  under  the  forthcoming  Directive  on  Representative  Actions  and  of 
national  consumer  organisations  as  bodies  designated  to  report  alerts  under  the  CPC 
Regulation. Facilitating individual redress will remain a priority with continued EU funding 
and  modernisation  of  European  Consumer  Centres,  Alternative  Dispute  Resolution  and 
Online  Dispute  Resolution  tools.  Tailored  technical  support  for  administrative  capacity 
building in national authorities is also possible through the Technical Support Instrument79. 

  Action  11:  The  Commission  will  assist  Member  States  in  the  timely  and  efficient 
transposition, implementation and enforcement of the Directive on Better Enforcement and 
Modernisation of Consumer  Law  which will enter into application in  May 2022 and for the 
future Directive on Representative Actions, once formally adopted and entered into force. 

  Action  12:  In  2022  and  every  2  years  thereafter,  the  Commission  together  with  national 
authorities  will  present  common  enforcement  priorities  of  the  CPC  network  to  address 
compliance issues identified in various sectors. 

  Action  13:  By  2022,  the  Commission  will  deploy  a  toolbox  of  innovative  e-tools  to 
strengthen  national  authorities’  capacity  to  tackle  illegal  online  commercial  practices  and 
identify  unsafe  products  following 
the  European  Interoperability 
Framework80. 

the  principles  of 

  Action 14: By 2023, the Commission will evaluate the application of the CPC Regulation, 
in particular to assess the effectiveness of enforcement in addressing EU-wide practices that 
contravene consumer law. 

77 Directive (EU) 2019/2161 of the  European Parliament and of the Council of 27 November 2019 amending 
Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament 
and of the Council as regards the better enforcement and modernisation of Union consumer protection rules, OJ 
L 328, 18.12.2019, p. 7–28.  
78 Text of the provisional agreement by the co-legislators under political agreement on the proposal on 22 June 
2020. 
79 TSI – former Structural Reform Support Programmes; COM(2020)409final. 
80 https://ec.europa.eu/isa2/eif_en. 

15 

 
 
 
 
 
                                                           
3.4. Addressing specific consumer needs  

Example:  In  2018,  10%  of  EU  households  had  arrears  on  a  mortgage,  rent,  utility  bills  or 
loan payments, and were at risk of over-indebtedness. The current pandemic is exacerbating 
the situation of many indebted consumers. The Commission has worked with Member States 
and  stakeholders  to  identify  and  promote  best  practices  to  help  consumers  in  difficulty81, 
including better access to debt advice. Studies show that a euro spent on debt counselling can 
save more than two euros in social benefits. 

Consumer  policy  instruments  protect  all  consumers  in  their  dealings  with  professional 
traders. It is assumed that consumers are generally the weaker party in a transaction and that 
their  health,  safety  and  economic  interests  therefore  require  protection.  However,  certain 
groups  of  consumers  in  certain  situations  can  be  particularly  vulnerable  and  need  specific 
safeguards.  The  vulnerability  of  consumers  can  be  driven  by  social  circumstances  or 
because of particular characteristics of individual consumers or groups of consumers, such as 
their  age,  gender,  health,  digital  literacy,  numeracy  or  financial  situation82.  A  lack  of 
accessibility can put older people or people with disabilities in situations of exclusion or limit 
their  interactions.  These  forms  of  vulnerability  may  have  been  exacerbated  by  the  current 
pandemic, but they exist independently of it.  

The  increasing  financial  vulnerability  of  many  EU  households  is  a  particular  concern  at 
present. A recent survey in 21 Member States showed that since the start of the COVID-19 
crisis  6  in  10  consumers  have  faced  financial  difficulties83  which  may  lead  to  over-
indebtedness. Debt advice has proven an effective way of helping over-indebted consumers 
to return to financial sustainability, while ensuring that creditors are repaid. The Commission 
is  compiling  best  practices  in  Member  States,  examining  their  replication  potential,  and 
identifying  funding  needs  and  opportunities  under  the  new  MFF.  In  June  2020,  the 
Commission  also  published  the  updated  European  Code  of  Good  Conduct  for  Microcredit 
Provision84.  The  review  of  the  Consumer  Credit  Directive85  will  involve  assessing  how  to 
improve  the  rules  ensuring  that  credit  is  granted  only  in  conjunction  with  a  thorough 
assessment of the consumer’s creditworthiness. Consumers should also receive all necessary 
and appropriate pre-contractual information and advice so as to make informed choices when 
entering into credit agreements.  

These measures are key for matching consumers’ financing needs with their ability to repay 
and thus reduce the risk of payment default and over-indebtedness. Nevertheless, they might 
sometimes  be  unable  to  repay  debts  as  they  fall  due.  Accordingly,  it  may  be  necessary  to 

81 The Commission organised in May and June 2020 stakeholder dialogue roundtables to discuss relief measures 
offered by banks and non-bank lenders, following which a best practices document was published in July 2020. 
82 The BIT report on online harm and manipulation describes several interesting options, including proposals on 
the use of data to identify vulnerable consumers (p. 52), and other measures (e.g. self-exclusion).  
83https://www.europarl.europa.eu/news/en/press-room/20200525IPR79717/eu-citizens-want-more-competences-
for-the-eu-to-deal-with-crises-like-covid-19. 
84  The  Code  aims  to  serve  as  a  quality  label  with  a  unified  set  of  best  practices  for  European  microfinance 
institutions that provide business loans of up to €25,000 for micro-entrepreneurs or self-employed persons. See: 
https://ec.europa.eu/social/main.jsp?catId=1482&langId=en.  
85 See the above mentioned Action 10. 

16 

 
                                                           
evaluate the most appropriate means of dealing with consumer over-indebtedness, including 
the discharge of debts86.  

Affordability  is  crucial  to  ensuring  access  to  products  and  services  for  low  income 
consumers, as  highlighted by the European Social  Policy Network87.  Some Member States 
use consumer protection measures alongside social protection measures to target low-income 
people.  The  Commission  Recommendation  on  Energy  Poverty88  provides  Member  States 
with  guidance  on  ways  to  address  energy  poverty,  in  order  to  empower  vulnerable  energy 
consumers. 

Older  people  and  people  with  disabilities  have  specific  consumption-related  needs.  It  is 
important  to  ensure  that  clear,  user-friendly  and  accessible  information  is  available  both 
online  and  offline  in  accordance  with  EU  accessibility  requirements  for  products  and 
services89.  Older  consumers  and  consumers  with  disabilities  also  need  accessible  products 
and assistive technologies that are compatible with mainstream technologies. A fair and non-
discriminatory  approach  to  the  digital  transformation  should  cater  to  the  needs  of  older 
consumers,  consumers  with  disabilities  and  more  generally  ‘off-liners’  who  may  be  less 
familiar or less at ease with digital tools and more prone to fall victim to fraud. Experience 
from  some  Member  States  shows  that  local  initiatives  that  provide  advice  to  consumers  in 
rural  areas  or  urban  districts90  are  among  the  most  effective.  Social  economy  organisations 
are particularly well placed to address these needs thanks to their proximity to local and rural 
communities.  Similar  initiatives  could  be  promoted  through  common  action  at  EU  level 
under the future MFF. 

Children  and  minors  are  particularly  exposed  to  misleading  or  aggressive  commercial 
practices  online.  It  is  important  to  invest  more  in  lifelong  consumer  education  and 
awareness  raising,  for  people  at  all  stages  of  life  from  school  onwards.  This  should  also 
include the promotion of financial literacy as an essential skill for empowering consumers to 
make  good  decisions  about  their  personal  finances91.  Better  coordination  of  actions  among 
key  actors  at  national  and  EU  level  covering  issues  such  as  access  to  online  educational 
material and capacity building could help achieve synergies, constant innovation, adaptation 
and  uptake  of  new  online  and  pedagogical  approaches,  including  through  the  creation  of 
online platforms and other tools.  

Children  are  also  particularly  exposed  to  risks  relating  to  products92.  Of  all  the  products 
notified as dangerous in the Safety Gate/RAPEX system in 2019 as many as 32% were toys 

86 See Directive (EU) 2019/1023 on Restructuring, insolvency and discharge of debt. 
87  Baptista,  I.  and  Marlier,  E.  (2020),  Access  to  essential  services  for  people  on  low  incomes  in  Europe.  An 
analysis of policies in 35 countries, European Social Policy Network (ESPN), Brussels: European Commission.                                                                                                                                                                                                                                                                                                                                                 
88 C(2020)9600 final, 14.10.2020 Commission Recommendation on energy poverty, 14 October 2020. 
89  Directive  (EU)  2019/882  on  the  accessibility  requirements  for  products  and  services  https://eur-
lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019L0882 (OJ L 151, 7.6.2019, p. 70). 
90 See e.g. ‘Empowering consumers in the neighbourhood’, joint project by the Federation of German Consumer 
Organisations (vzbv) and consumer centres.   
https://www.vzbv.de/pressemitteilung/verbraucher-staerken-im-quartier . 
91 See Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of Regions  – A Capital Markets Union for people and businesses  – 
new action plan, COM(2020)590final, Action 7: Empowering citizens through financial literacy. 
92  Injury  data  show  that  children  and  old  people  are  the  most  vulnerable  consumer  groups  when  it  comes  to 
product  safety.  Together  they  account  for  54%  of  all  product-related  injuries,  but  only  35%  of  the  EU 
population. 

17 

 
                                                           
or  products  for  childcare.  Besides  revising  the  General  Product  Safety  Directive  and 
strengthening  the  overall  framework,  the  Commission  will  develop  updated  safety 
requirements  for  standards  on  products  for  children.  The  Commission  also  plans  to 
support  sampling  and  testing  children’s  products93  through  coordinated  market  surveillance 
activities by Member States94. In addition, it will include protecting the safety of children and 
other vulnerable groups in the 2021 edition of the EU Product Safety Award to promote best 
business practices in this area.  

Directive 2004/113/EC95 ensures equal treatment between men and women in the access to 
and supply of goods and services. This ensures protection against, for instance, the refusal of 
access to credit services for pregnant women based on an expected potential loss of income 
and the exclusion of single mothers from certain financial services on the basis of a perceived 
higher  risk  of  default.  In  addition,  Directive  2000/43/EC96  lays  down  a  framework  for 
combating discrimination on the grounds of racial or ethnic origin, with a view to putting into 
effect in the Member States the principle of equal treatment.  

The risk of discrimination is at times exacerbated by algorithms used by certain goods and 
services providers, and which may be formulated with certain biases often resulting from 
pre-existing cultural or social expectations. Whereas this may lead to discrimination among 
consumers generally, it often affects certain groups more than others, and in particular people 
from  minority  ethnic  or  racial  backgrounds97.  The  upcoming  proposal  for  a  horizontal 
legislative framework on Artificial Intelligence will aim to specifically address how to limit 
risks of bias and discrimination from being built into algorithmic systems. 

Lastly, evidence from behavioural economics98 shows that the behaviours of consumers are 
often  affected  by  cognitive  biases,  especially  online,  which  can  be  exploited  by  traders  for 
commercial  purposes.  Such  new  forms  of  risks  can  affect  virtually  all  consumers. 
Transparency obligations are certainly important in tackling information asymmetries (as also 
mentioned  above  in  the  context  of  the  digital  transformation),  but  further  assessment  is 
required  to  determine  the  need  for  additional  measures  to  address  this  dynamic  form  of 
vulnerability. 

  Action 15: From 2021, the Commission plans to increase funding for actions enhancing the 

availability and quality of debt advice services in Member States.  

  Action 16: The Commission aims to support, as of 2021, initiatives providing local advice to 
consumers,  who  for  structural  or  personal  reasons  do  not  have  access  to  support  and 
information provided online or at central information offices. 

  Action 17:  In 2021, the Commission foresees to  prepare a  Commission Decision on safety 
requirements to be met by standards on childcare products in addition to strengthening the 

93 Checking the safety of products sold online and offline e.g. reclined cradles, baby swings and baby walkers. 
94 Coordinated Activities on the Safety of Products (art.10 of Directive 2001/95/EC on General Product Safety). 
95 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between 
men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37. 
96 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between 
persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22).  
97 https://fra.europa.eu/sites/default/files/fra_uploads/fra-2018-focus-big-data_en.pdf 
98 http://ec.europa.eu/consumers/consumer_evidence/market_studies/vulnerability/index_en.htm. 

18 

 
                                                           
product  safety framework through a proposal  for the revision of the General  Product  Safety 
Directive.  

  Action  18:  By  2023,  the  Commission  will  develop  a  strategic  approach  to  improving 
consumer  awareness  and  education,  addressing  also  the  needs  of  different  groups,  on  the 
basis inter alia of equality and non-discrimination approaches.  

3.5.  Consumer protection in the global context  

Example: With the rise of e-commerce, cooperation with international partners, in particular 
China,  becomes  ever  more important.  The proportion  of  purchases from  sellers  outside the 
EU increased from 17% in  2014 to  27% in  201999. Intensifying  product  safety cooperation 
with China through an action plan with a specific focus on products sold online could help 
reduce the number of unsafe products sold directly to EU consumers. 

Production  and  value  chains  are  increasingly  global  and  interconnected.  Distribution  and 
retail chains are driven by the rapid growth of online trade and the platform economy. As a 
result, strong international cooperation among authorities and all actors in the supply chain is 
important  to  ensure effective protection of consumers. At the  same time, it is important  for 
the EU to  project  at  international  level  its high level  of consumer protection  as a European 
value and model. 

Ensuring the safety of imports and protecting EU consumers from unfair business practices 
used  by  non-EU  operators  requires  reinforced  action  at  home  through  stronger  market 
surveillance tools and closer cooperation with authorities in EU partner countries. A large 
number  of  dangerous  products  found  in  the  EU  come  from  third  countries.  In  2019,  for 
example, 64% of alerts in Safety Gate/RAPEX concerned products made outside of the EEA, 
often  in  China.  Since  2006,  the  Commission  has  engaged  in  product  safety  cooperation 
through  the  RAPEX-China  system  and  this  has  helped  to  reduce  the  number  of  unsafe 
products even if the figure remains high overall.  

Cooperation  and  exchanging  data  on  dangerous  products  with  countries  with  similar 
markets could be another way to ensure the safety of EU consumers. In doing so, Member 
States could target their activities better and address new and emerging risks. To help in this 
effort,  the  Commission  has  set  up  arrangements  for  a  regular  exchange  of  information  on 
dangerous products with Canada. It also draws on the important potential of trade policy and 
is  discussing  the  inclusion  of  a  similar  exchange  on  safety  and  compliance  of  non-food 
products and related market surveillance in trade agreements currently under preparation (e.g. 
with Australia, New Zealand and Chile). 

It  is  equally  important  to  seek  close  cooperation  with  countries  in  the  European 
Neighbourhood and the  Western Balkans. The latter are  especially important due to  their 
geographical  proximity  and their process  of  alignment with  the EU  acquis in  the consumer 
protection and safety area.  

99 Eurostat https://ec.europa.eu/eurostat/statistics-explained/index.php/E 
commerce_statistics_for_individuals#E-shopping_from_other_EU_countries. 

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The  EU’s  high  consumer  protection  standards  can  serve  as  an  example  for  other  countries 
with  less  advanced  structures  for  consumer  protection  and  should  be  promoted  in 
international  agenda  setting.  For  example,  some  non-EU  countries  have  expressed  strong 
interest  in  adopting  a  system  similar  to  the  EU’s  Safety  Gate/RAPEX.  In  this  regard,  the 
Commission provides regulatory support and is engaged in capacity building activities.  

Multilateral cooperation on consumer issues is key to promoting a high level of protection 
and  safety  at  international  level  and  to  protecting  consumers  globally.  In  cooperation  with 
Member  States,  the  Commission  will  continue  to  use  its  influence  in  international 
organisations,  such  as the  World  Trade Organization (WTO), the UN Conference on Trade 
and  Development  (UNCTAD),  or  the  Organization  for  Economic  Cooperation  and 
Development (OECD), in order to achieve these goals. 

  Action 19: In 2021, the Commission aims at developing an action plan with China 

for strengthened product safety cooperation for products sold online. 

  Action  20:  As  of  2021,  the  Commission  will  seek  to  develop  regulatory  support, 
technical  assistance  and  capacity  building  for  EU  partner  countries,  including  in 
Africa100.  

4.  GOVERNANCE 

This Agenda sets out the Commission’s proposed actions to foster consumer policy priorities 
that could be pursued by the EU and its Member States in the next five years and beyond. Its 
success  will  depend  on  a  broad  partnership  involving  all  relevant  stakeholders.  This  new 
vision  of  cooperation  between  EU  and  national  policy  priorities  implies  a  new framework 
for enhanced cooperation capable of delivering concrete actions. It should build on yearly 
priorities,  discussed  at  an  annual  Consumer  Summit  bringing  together  all  stakeholders101  
around  the  World  Consumer  Day102.  The  Summit  should  review  progress  achieved  in  the 
previous year and set the priorities for the year ahead.  

The  Commission  will  seek  regular  discussions  with  the  European  Parliament,  the 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions.  It  will  also  work 
closely with Member States in the context of existing networks103, working groups or ad hoc 
task  forces.  The  Commission  will  in  this  regard  work  closely  with  national  authorities  to 
ensure close  coordination of actions and best  use of relevant  available funds at  the EU and 
national levels. Exchange of the results from research and scientific projects as well as data 
exchange between Member States and the Commission could contribute to a solid evidence 
base of relevant data. 

100  Cf.  EU  strategy  with  Africa  -  Joint  Communication  from  the  European  Commission  and  the  High 
Representative of the Union for Foreign Affairs and Security Policy to the European Parliament and the Council 
Brussels JOIN(2020)4final of 9 March 2020. 
101  The  Consumer  Summit  brings  together  stakeholders  from  EU  Member  States,  including  policymakers, 
national  enforcement  authorities,  academia,  consumer  and  business  organisations  as  well  as  youth 
representatives.  
102 Which is celebrated every year on 15 March. 
103  For  example the  Consumer  Policy  Network,  which  brings  together  senior  Member  State  and  Commission 
officials. 

20 

 
 
 
                                                           
This work should be accompanied by close and effective cooperation with key stakeholders, 
including  consumer  organisations, 
industry  and  academics.  Strong  consumer 
organisations at Union and national level are essential partners in designing the work under 
this Agenda, reaching out to consumers and supporting them. The Commission will establish 
a new Consumer Policy Advisory Group to review progress and reflect on priorities in the 
year ahead as input into the Consumer Summit discussions.  It should bring all stakeholders 
together  but  also  allow  for  targeted  discussions,  e.g.  between  consumer  organisations  and 
public authorities. Various forms of cooperation with business should be pursued, including 
through  training  activities,  exchange  of  good  practices,  and  meetings  with  companies 
engaged in voluntary pledges.  

In  parallel,  the  current  Consumer  Conditions  Scoreboard  on  the  situation  of  consumers 
throughout  the  EU,  should  be  further  developed  to  reflect  better  the  reality  of  consumer 
protection, product safety and sustainable consumption at EU and national levels, on the basis 
of  a  revised  set  of  indicators.  It  should  build  on  a  reinforced  system  of  data  collection 
covering  the  situation  across  markets  and  countries,  views  and  behaviour  of  consumers  as 
well  as  Member  States’  enforcement  capacities  and  actions.  On  the  basis  of  data  gathered 
through  the  scoreboard  and  close  cooperation  with  all  stakeholders,  EU  and  national 
measures  and  action  could  be  designed,  aligned  and  prioritised  for  maximum  impact  for 
consumers’ benefit throughout the EU. 

  Action 21: The Commission aims at setting up a Consumer Policy Advisory Group 
bringing  together  representatives  from  the  consumer  organisations,  civil  society  and 
the industry in support of the consumer agenda104. 

  Action 22: The Commission plans to revamp the Consumer Conditions Scoreboard 
in 2021 to improve its monitoring and benchmarking function as well as its relevance 
for strengthening enforcement cooperation in the EU. 

5.  CONCLUSION  

The EU has a solid consumer protection framework developed over many years and recently 
enhanced through several legislative initiatives from which consumers in the EU will benefit 
in the years to come. This New Consumer Agenda outlines how these achievements could be 
consolidated  through  a  range  of  actions  to  address  challenges,  many  of  which  have  been 
further  highlighted  in  the  context  of  the  current  pandemic,  and  to  reinforce  the  overall 
framework  of  engagement  between  EU  institutions,  Member  States  and  stakeholders.  This 
will contribute as a key driver for a sustainable recovery and resilience of the EU economy 
and consumers. 

The Commission looks forward to a wide-ranging dialogue with all interested parties on the 
priorities and actions as well as the cooperation methods to promote consumer protection in 
the years ahead as set out in this Agenda.  

104 As an informal expert group in accordance with Commission decision of 30.05.2016 establishing horizontal 
rules on the creation and operation of Commission expert groups C(2016) 3301 final. 

21