§3.2.2.2 Means of communication

As regards distance and off-premises contracts, Article 6(1)(c), as amended by Directive (EU) 2019/2161, requires the trader to provide the consumer with information about the following means of communication as part of the pre-contractual information: — The trader’s geographical address, telephone number and email address; and — Where available, other online means of written communication, which allow keeping the content and date and time of the correspondence on a durable medium. ‘Durable medium’ is defined in Art 2(10) CRD as ‘any instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored’ (see also section 4.4). For example, as far as messaging applications are concerned, some of them allow the sender, such as the trader in the B2C context, to delete, also from the recipient’s device, either by default or manually, the messages that it has sent within a certain (short) timeframe after their delivery. Accordingly, these means of communication do not effectively enable the consumer to store the message received. The recipient might be able to save or back up his/her messages but this would require additional technical skills and knowledge that cannot be expected from the average consumer. Accordingly, an individual assessment for each messaging application will be needed to establish whether it complies with the set criteria, also taking into account the continuous development of these applications. The Court specifically noted in case C-649/17 Amazon EU that the possibility, for consumers, to contact traders quickly and to communicate with them efficiently is of fundamental importance for ensuring and effectively implementing consumer rights (80). Consequently, any means of communication used by the trader must be capable of satisfying the criteria of direct and effective communication. In that decision the Court confirmed that Article 6(1)(c) does not prohibit the use by the trader of other means of communication that ensure direct and effective communication, in addition to those listed in the provision (81). This interpretation remains relevant also after the amendments introduced by Directive (EU) 2019/2161. Whilst the trader must inform the consumer, before the conclusion of the contract, about the means of communication listed and complying with the criteria set out in Article 6(1)(c), the trader is not prevented from making available also alternative means of communication. These can be, for example, automated voice assistants or means of online written communication (chatbots) that do not have the features specified in Article 6(1)(c). The general rules of the UCPD will apply to such additional means. In particular, traders should clearly and timely inform consumers whether these alternative means allow consumers to keep track of the written correspondence, including of the date and time. The trader must also ensure that any online means of communication, of which the consumer has been informed prior to the conclusion of the contract (and in the contract confirmation) in accordance with Article 6(1)(c), are easily accessible on the trader’s interface. Any additional means of communication should not be presented and promoted in a way that makes it difficult for consumers to access and use the means of communication provided in accordance with Article 6(1)(c). The purpose of providing means of communication is to enable the consumer to contact the trader quickly and efficiently. This implies that arrangements should be made to ensure, for example, that telephone calls are answered during office hours and that email communications are answered promptly.

← 3.2.2.1 · All articles · 3.2.2.3 →

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