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2.9.6. Free trials and subscription traps

COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

Free trials are marketing tools that allow consumers to order a product or subscribe to a service without costs or for a small amount (i.e. postage of the sample). Some free trials involve unfair commercial practices that mislead consumers into subscriptions. A 2017 Commission study on online free trials and subscription traps reported the prevalence of various practices described below (219). If a trader fails to provide his geographical address and identity in an invitation to purchase it can be contrary to Article 7(4)(b) UCPD. In addition, Article 6(1) of the CRD and Article 5(1)(c) of the e-Commerce Directive require online traders to render accessible information that allows consumers to contact them. The requirements of these Directives qualify as material information under Article 7(5) UCPD. If a trader does not make it clear to consumers that they may enter into subscriptions by signing up to a free trial, they may infringe Article 7(1), 7(2) and 7(4)(a) of the UCPD by omitting material information. Depending on the circumstances, there may also be an infringement of Article 6(1)(a) UCPD. Omitting or providing information in an unclear manner on the recurring costs of a subscription may be contrary to Articles 6(1)(d) and/or 7(1), 7(2) and 7(4)(c) UCPD. Moreover, the CRD contains specific rules to improve the transparency of payments on the internet in its Article 8(2). According to Article 8(2), in distance contracts concluded by electronic means, information relating to the main characteristics of the good or service, the price inclusive of taxes and the duration of the contract and of the consumers' obligations must be provided in a clear and prominent manner, and directly before the consumer places his order; it does not suffice to provide this information in the previous steps of the ordering process. In addition, the consumer must be given the possibility to explicitly acknowledge that the order implies an obligation to pay, including recurring amounts, e.g. by activating an unambiguously labelled ordering button. Both the amount of a one-off payment as well as the amount of recurring payments that may follow should be clearly provided to the consumer. In addition, describing a products as ‘gratis’, ‘free’, ‘without charge’ or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item’ is a commercial practice which is in all circumstances considered unfair and thus prohibited under the UCPD. This follows from No 20 of Annex I of the Directive. Inertia selling (demanding payment for or the return or safekeeping of products not solicited by the consumer) is also a commercial practice which is in all circumstances prohibited under the UCPD. This follows from No 29 of Annex I of the Directive.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.