Strengthened consumer protection in distance contracts
Translated from Swedish by AI; the translation may contain errors. The Swedish text is the original.
Summary AI, written in advance
The debate concerns strengthening consumer protection in distance contracts by adapting rules to the digital reality. S supports the proposal to modernize information requirements, strengthen the right of withdrawal, and introduce protection against misleading design 1. S emphasizes the importance of supervision to protect vulnerable consumers 1. SD motions for approval but argues that all telephone sales should be banned to stop fraud 2. M motions for approval and emphasizes that consumers have benefited from the government's policy 3. KD motions for approval and argues that it should become easier for consumers to do the right thing and withdraw purchases 4.
Written by AI in advance and may contain errors. The numbers lead to the speech a statement builds on; check against the text below.
Anna-Belle Strömberg (S)
Madam Speaker! The Committee on Civil Affairs is today considering the report on strengthened consumer protection in distance contracts. The Government Bill concerns the implementation of a new EU directive, which means that the rules on distance contracts for financial services shall be adapted to today's digital reality. It is about modernizing the information requirements, strengthening the right of withdrawal, and introducing a protection against misleading design of websites and apps.
We Social Democrats support the proposal. We see this as important steps to strengthen consumers' position, especially in the financial area where the consequences of incorrect decisions can be far-reaching for the individual's finances.
Madam Speaker! Since the original regulatory framework was introduced in 2002, digital development has changed how agreements are entered into. Today, services can be signed with a few clicks, agreements are presented in apps, information is provided in pop-up windows, and decisions are made very quickly. Therefore, it is reasonable that this legislation is updated.
It is positive that a protection against misleading design of online interfaces is being introduced. It is good that the consumer should be able to have explained whether a financial service suits their own economic situation, and it is important that the right of withdrawal is made more accessible through a specific function in digital interfaces. It is good, because it strengthens consumers' security.
Mr. Speaker, consumer protection is not just a matter of legal text. It is also a matter of balance of power and the possibility of getting justice if something goes wrong, so legislation needs to be followed by supervision. Otherwise, even good legislation risks becoming merely a paper protection.
Digital markets are often characterized by information advantages and advanced behavioral design. Business models can be based on consumers being pressured, guided in a certain direction, or met with unclear terms. Therefore, consumer protection needs to continue to develop at all times. That is why we, in our special statement, highlight the importance of following the development closely in order to counter over-indebtedness, misleading marketing, and unhealthy business practices. A constant development of the regulatory framework is required, and constant supervision is required.
The needs of particularly vulnerable consumers must be in focus. This applies to the elderly, people with limited digital habits and people in economic vulnerability.
Madam Speaker! This report contains no reservations. It is proposed that the Riksdag adopt the government's bill. We Social Democrats stand behind it, but we want to emphasize that it is important that the supervisory authorities have the conditions to exercise supervision and ensure that the rules are followed, not least in digital environments. Consumer policy is about ordinary people being able to feel security when they enter into agreements, even if it happens on a mobile screen. When a financial agreement can be entered into with just a few clicks, the consequences can be long-lasting. Therefore, consumers must be protected, and the protection must be strong and function in practice.
In this speech, Joakim Järrebring, Markus Kallifatides and Leif Nysmed (all S) concurred.
Björn Tidland (SD)
Madam Speaker! Today the Committee on Civil Affairs is debating the report CU11 with the heading Strengthened consumer protection in distance contracts.
Madam Speaker! Consumer protection is important and must be regulated by law. When the item you have purchased in a store does not meet your expectations or simply does not work, you as a consumer have very good protection through Swedish legislation. You can return a defective product and get your money back. Naturally, this shall also apply to products purchased online or via telephone. Therefore, we have a law on distance contracts, which, with today's proposal, will be updated.
Madam Speaker! Briefly, it can be said that the legislative changes mean that it shall become clearer who is selling the product and that it shall be clear that one has the right to withdraw and get the money back. It shall also be easier to withdraw the purchase on the seller's website.
Sometimes it can be damn impossible to terminate an agreement that has been entered into with just a few clicks. When one then wants to terminate it, it must sometimes be done in writing or orally. One could say that with the new law, it shall be just as easy to terminate an agreement as to enter into it.
Madam Speaker! Now I shall go into the bill in more detail.
What has changed? The whole thing was initiated by an EU directive from 2023, which replaces an old EU directive from 2002. It is primarily changes that are adapted to the digital development that has occurred after 2022.
How does this then affect Swedish legislation?
In summary, the report affects five Swedish laws in total. The most important is Act 2005:59 on distance contracts and contracts outside of business premises. All changes are described in detail in the report, and the government assesses that the legislative changes meet the requirements of the EU directive. This assessment is shared by all parties in the Committee on Civil Affairs, which is pleasing. It is also a good grade to the parties within the Tidö Agreement, who produce good consumer policy with broad anchoring in the Riksdag.
Madam Speaker! The goal of Sverigedemokratisk policy is perfection. Perfection is, however, only an aspiration, and no law is so good that it cannot be made better. I hereby wish to raise an issue addressed in the law on distance contracts, more specifically a heading in chapter 3 regarding special rules for telephone sales. This concerns 9 §, 10 § and 11 § under this heading.
Madam Speaker! If the Sweden Democrats win the election this autumn, these three paragraphs will not be needed. The Sweden Democrats want to ban all telephone sales. On what grounds does SD stick its neck out in this way? This is not something that SD has pulled out of thin air; rather, this is supported by a report from the Consumer Agency. Both the consumer perspective and the business perspective are highlighted thoroughly, and all factors have been systematically processed and presented in the report. The conclusion is unambiguous: Ban all telephone sales!
Madam Speaker! I want to particularly highlight a serious problem concerning fraud via telemarketing. There are gangs that, through telemarketing, trick unsuspecting pensioners out of their life savings. There are parliamentary parties that, through shady methods, sell lottery tickets to vulnerable and exposed groups. This is a large and serious social problem that must be addressed. If all telemarketing were banned, it would be a step towards stopping the fraud.
There are objections from the business sector against a ban on telephone sales. This concern is, however, exaggerated, as there are many other ways to market oneself now that everyone is connected via mobiles and computers.
Madam Speaker! The entire purpose of this report is to adapt the laws to the digital development. I now therefore close the circle in this reasoning and conclude with the empirical conclusion that all telephone sales should be prohibited. The question is no longer whether telephone sales should be prohibited or not; a prohibition is an inevitable and logical consequence of the digital development.
I conclude my speech by moving for the approval of the Committee on Civil Affairs' proposal in the report.
Lars Beckman (M)
Madam Speaker! Today we are debating strengthened consumer protection in distance contracts. I would like to begin by moving for the approval of the proposal in the committee's report.
I think Anna-Belle Strömberg and Björn Tidland presented so well what the matter itself is about that it would only be ridiculous if I were to stand and repeat it. I would, however, like to say that consumer policy is very important. Consumers have benefited very much from this government.
Sometimes it is easy to forget what life looked like in the autumn of 2022 – you will remember when it was possible to refuel diesel for 28.50 per liter, and those who lived in Skåne paid 30 kronor per kilowatt-hour. It was hard and tough to be a consumer then. We have, however, done a lot in the consumer policy area, and this is another step on the way to improving consumer policy.
I do not know if it was so clear that it is an EU directive we are to introduce based on amendments to the consumer rights directive, and this is the EU at its best, Madam Speaker! We go out online as customers today and shop somewhere. Sometimes it is unclear who we are buying from, but thanks to the EU and the fact that we have a common policy in this area, we get reinforced rights.
As a consumer, one has a very great responsibility oneself to consider who one buys from and where the website is located. In previous debates, we have warned and said that one should not buy junk from China. The government has worked intensively at the EU level to ensure that competition against Swedish business is on equal terms. We will also introduce a tariff that will make it not profitable to buy products from China with low consumer value.
Just as Anna-Belle Strömberg said, it is important that we have a policy to protect vulnerable consumers. It can be young consumers, elderly consumers, or persons with functional variations. It can also be strong consumers like Rickard, who is currently a prao student from eighth grade at Centralskolan in Malung. It is clear that it is very important that we have a consumer policy for all of Sweden, so that one does not get cheated.
With that said, Madam Speaker, I move, as I have said, for approval of the proposal in the committee's report and look forward to an improved consumer policy!
Larry Söder (KD)
Madam Speaker! It may be a bit presumptuous that four people are standing in the speaker's chair when it concerns a report that we are actually quite in agreement on, but we believe that consumer policy is important and that citizens should actually have the opportunity to listen to the different parties.
An authority coined the expression that it should be easy to do the right thing. I think that corresponds quite well with this bill, that is to say that we are trying to make it a bit easier for consumers to do the right thing.
One can wonder why we want to change the Distance Contracts Act. Yes, it is not actually because it is so bad, but both because the EU requires these updates and because digital trade has changed since the previous Distance Contracts Act. The risks have also changed.
We think that the consumer's protection in distance contracts is somewhat poor, and we need to update this. Just as everyone has talked about previously, it is also about the right of withdrawal. It should become easier to withdraw, it should be possible to withdraw in a more modern way, and the rules should become clearer.
Just as the Moderate member said, we have spoken quite many times in this rostrum about that it should be easy to change one's mind. This is actually about us strengthening the consumer's opportunities to do so.
I would have wished that the bill was completely clean, but as Anna-Belle Strömberg said, the Social Democrats have a separate statement. I cannot see that it conflicts with what the other parties in the Riksdag think, that is to say that we must be able to do this in practice and that our supervisory authorities shall be able to control that it actually works.
The Riksdag and the government do not stop working on these issues, but there will be new proposals further ahead that will hopefully result in even more modernization.
In simple terms, I move for approval of the Committee on Civil Affairs' proposal in the report.
The deliberation was hereby concluded.
Source: The Swedish Parliament. The speeches come from the open data of the Riksdag, translated into English by AI, which may contain errors.