Consumer and Market Authority (CMA)

The own responsibility of consumers is not the only starting point when concluding a contact.

The own responsibility of consumers is not the only starting point when concluding a contact. Many consumer protection programmes have shaped the thinking and acting of the government. Starting point in the law is that consumers must be protected against themselves and the selling party.

Consumer protection

The law recognises an active duty of information when sales go via the internet. Moreover it entails articles on misleading advertisement and a reflection period. Furthermore the Consumer and Market Authority oversees, amongst others, consumer protection. This administrative body oversees whether companies advertise correctly and whether they are diligent when selling to customers. All of this has the goal to make trade fair. When the CMA observes violations of the law, it can impose fines, penalties and in extreme cases the suspension of business activities.

Powers of the Consumer and Market Authority

Based on the General Administrative Law Act (GALA), the CMA can demand inquiries and insight in business details and documents. They can also copy them. All companies are obliged to cooperate within a reasonable time which can be stalled in proportion to the urgency from the watchdog. With exception of a house, the CMA can enter every space and building when she deems this necessary, including transportation vehicles. The police can assist in this. The CMA has far-reaching powers.

Regulations which are overseen

The CMA oversees whether advertisements are misleading or whether the rules which apply to sales through call-centers and the internet are observed correctly. Many detailed rules exist for this, spread out over several acts. One of these acts entails rules on the sales at distance and electronic agreements. In such advertisements the identity, business address and the number of the Chamber of Commerce must be mentioned. Also the fiscal number and the right to cancellation within a legal determined reflection time must be mentioned. At every sale the costs of delivery, the payment method and the execution of the sale at distance must be mentioned.

More information

Many rules are invoked in the context of consumer protection. When the CMA pays you a visit this could result in large fines or other measure. It is therefore wise to consult an attorney in these cases. For more information, contact us.

Your lawyers

Our success stories

Related blogs