Over 75% of websites that sell games, books, videos or music on-line do not appear to comply with consumer protection rules
The European Commission presented the results of an EU wide screening of websites selling games, books, videos and music which can be downloaded to a computer or mobile device. The check shows that over 75% of these websites do not appear to comply with consumer protection rules. National enforcement authorities will now contact the companies concerned to enable them to clarify their position or correct their website.
The "sweep" results – a sweep is an EU-wide screening of websites, to identify breaches of consumer law and to subsequently ensure its enforcement, that the European Commission published with regard to websites selling games, books, videos and music which can be downloaded to a computer or mobile device, show that over 75% of these websites do not appear to comply with consumer protection rules. Following an investigation concluded in November 2011, the Commission revised Consumer Credit websites and over 75% of websites checked in the EU give satisfactory information to clients in November 2012.
National authorities from 26 Member States (Ireland could not participate due to lack of resources) plus Norway and Iceland checked a total of 333 websites, including 159 selling online games. They flagged 76% of all websites (254 sites) for further investigation as they had doubts about the websites' conformity with EU laws protecting consumers, especially rules governing advertising and key information about costs and characteristics of digital content which enable consumers to make informed decisions. Of the 55 sites selling games for children aged below 14 checked, 71% (39) seemed non-compliant with EU laws.
According to the Commission, the main problems found were unfair terms, the right of withdrawal: due to the nature of downloads, the consumer loses his right of withdrawal from the contract when downloading has begun with the consumer's agreement, and missing information on the trader's identity and address. In addition to the sweep, the Commission contracted a complementary study that revealed that no information about geographical restrictions were provided, and when games are advertised as "free" often involve some payment at a later stage. National authorities have already started to contact companies and ask them to provide clarifications or correct their websites. Failure to do so can result in legal action leading to fines or even closing down of websites.