Slovenia - Direct MarketingSlovenia - Direct Marketing
A wide range of EU legislation governs the direct marketing sector, with compliance requirements most rigorous for marketing and sales to private consumers. Direct marketing companies should focus on the clarity and depth of information provided to consumers prior to purchase and how they collect and use customer data. The following is a brief overview of the most important EU rules and regulations governing distance-selling and online commerce.
Processing Customer Data
The EU has strict laws governing the protection of personal data, including the use of such data in the context of direct marketing activities. For additional information on such rules, please see the privacy section.
Distance Selling Rules
The EU’s Directive on Distance Selling to Consumers (97/7/EC and amendments) establishes a number of obligations for companies conducting business at a distance with consumers. For example, direct marketers must provide clear information as to their corporate identity as well as that of their suppliers, full details on prices including delivery costs, and the period for which an offer remains valid before the conclusion of a contract. Customers generally have the right to return goods without explanation within seven days, and retain the right to compensation for faulty goods thereafter. The EU’s Doorstep Selling Directive (85/577/EEC) offers similar obligations to protect consumers from sales occurring outside of a normal business premises, such as door-to-door sales, and ensure the fairness of any contracts that result.
In 2011, the EU overhauled its consumer protection legislation and merged several existing rules into a single Consumer Rights Directive. This Directive includes provisions on the information traders must provide prior to concluding consumer contracts, regulates the right of withdrawal, establishes rules on the costs for the use of means of payment, and prohobits pre-ticked website boxes. Companies are advised to consult the Directive itself, review the relevant sections of national Country Commercial Guides, and contact the
Commercial Service at the U.S. Mission to the European Union for more specific guidance. Additional information is available at the websites below:
EU Consumer Affairs
Distance Selling
Door-to-Door Selling:
Consumer Rights:
Distance Selling of Financial Services
EU Directive 2002/65/EC ensures customers are appropriately protected with respect to financial transactions taking place in which the consumer and the provider are not face-to-face. In addition to prohibiting certain abusive marketing practices, the Directive establishes criteria for contract information and withdrawal.
Direct Marketing Over The Internet
The EU’s eCommerce Directive (2000/31/EC) imposes specific requirements on direct marketing businesses. For example, such businesses may not mislead customers through promotional offers and terms to qualify for such offers must be easily accessible and clear. The Directive further stipulates that marketing e-mails must be identified as such to the recipient and that companies targeting customers online must regularly consult national opt-out registers where they exist. When orders are placed, service providers must acknowledge receipt quickly through electronic means, although the legal effect of placing and acknowledging an order is a matter of national law and not covered by the Directive. Vendors of electronically-supplied services (such as software, which the EU considers a service and not a good) must also collect VAT (see Electronic Commerce section below). Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.
Processing Customer Data
The EU has strict laws governing the protection of personal data, including the use of such data in the context of direct marketing activities. For additional information on such rules, please see the privacy section.
Distance Selling Rules
The EU’s Directive on Distance Selling to Consumers (97/7/EC and amendments) establishes a number of obligations for companies conducting business at a distance with consumers. For example, direct marketers must provide clear information as to their corporate identity as well as that of their suppliers, full details on prices including delivery costs, and the period for which an offer remains valid before the conclusion of a contract. Customers generally have the right to return goods without explanation within seven days, and retain the right to compensation for faulty goods thereafter. The EU’s Doorstep Selling Directive (85/577/EEC) offers similar obligations to protect consumers from sales occurring outside of a normal business premises, such as door-to-door sales, and ensure the fairness of any contracts that result.
In 2011, the EU overhauled its consumer protection legislation and merged several existing rules into a single Consumer Rights Directive. This Directive includes provisions on the information traders must provide prior to concluding consumer contracts, regulates the right of withdrawal, establishes rules on the costs for the use of means of payment, and prohobits pre-ticked website boxes. Companies are advised to consult the Directive itself, review the relevant sections of national Country Commercial Guides, and contact the
Commercial Service at the U.S. Mission to the European Union for more specific guidance. Additional information is available at the websites below:
EU Consumer Affairs
Distance Selling
Door-to-Door Selling:
Consumer Rights:
Distance Selling of Financial Services
EU Directive 2002/65/EC ensures customers are appropriately protected with respect to financial transactions taking place in which the consumer and the provider are not face-to-face. In addition to prohibiting certain abusive marketing practices, the Directive establishes criteria for contract information and withdrawal.
Direct Marketing Over The Internet
The EU’s eCommerce Directive (2000/31/EC) imposes specific requirements on direct marketing businesses. For example, such businesses may not mislead customers through promotional offers and terms to qualify for such offers must be easily accessible and clear. The Directive further stipulates that marketing e-mails must be identified as such to the recipient and that companies targeting customers online must regularly consult national opt-out registers where they exist. When orders are placed, service providers must acknowledge receipt quickly through electronic means, although the legal effect of placing and acknowledging an order is a matter of national law and not covered by the Directive. Vendors of electronically-supplied services (such as software, which the EU considers a service and not a good) must also collect VAT (see Electronic Commerce section below). Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.