§3.1.5 Imposition of additional information requirements

According to Article 4 of the CRD: ‘Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection, unless otherwise provided for in this Directive’. One of the derogations from this full harmonisation approach is Article 5(4), which allows Member States to adopt or maintain additional pre-contractual information requirements for on-premises contracts. While the information requirements for off-premises and distance contracts are, in principle, exhaustive, at the same time, in accordance with Article 6(8) and Recital 12 of the Directive, Member States can impose additional information requirements in accordance with the Services Directive 2006/123/EC and the eCommerce Directive 2000/31/EC. The relevant provision of the eCommerce Directive in this respect is Article 5, which requires Member States to ensure that the service provider renders easily, directly and permanently accessible to the recipients of the service and competent authorities at least the information stipulated in that Article. Article 10 of the eCommerce Directive sets out further information requirements regarding the procedure for concluding the contract. As regards the Services Directive, its Article 22(1) to (4) sets specific requirements for information that providers must make available to service recipients, as well as requirement for clear, unambiguous, and timely communication of that information. Article 22(5) further stipulates that it ‘does not prevent Member States from imposing additional information requirements applicable to providers established in their territory’. Imposing additional information requirements in accordance with Article 6(8) of the CRD is one of the regulatory choices, about which the Member States must inform the Commission in accordance with Article 29. The Commission publishes this information online (63).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07