The modernization of European Consumer Law (continued): More meat on the bone after all

This article discusses to what extent the final text of the Modernization Directive ultimately delivers on the promises of the Communication ‘A New Deal for Consumers’ regarding the modernization and better enforcement of European consumer protection rules. In particular, I discuss the provisions regarding individual and public enforcement of EU consumer law and go into the matter of dynamic pricing and online choice architecture. Specific attention is paid to online market places: which information duties apply and with whom does the consumer conclude a contract? The directive also introduces additional rules regarding the consumer’s right of withdrawal, and some simplifications for the position of the trader. I conclude that the Modernization Directive indeed does deliver on the New Deal’s promises, albeit that a further modernization of EU consumer law is still needed to keep it fit for the 2020s.