This measure definitively voted by the Parliament on August 3, must come into force, at the latest, in June 2023.
On August 3, parliamentarians definitively adopted the principle of simplified termination, included in the purchasing power law. Initially proposed by the executive, the measure originally provided that any subscription taken out online in “three clickscan be terminated just as quickly. The scope of the article was eventually broadened by the opposition to all subscriptions, whether online or physical.
In concrete terms, the device, as adopted as it stands, must allow French consumers subscribing to an online subscription contract – such as, for example, telephony, electricity or even a sports hall – to be able to terminate it easily. The measure is also valid for contracts subscribed in person but whose membership can also be done online: in this specific case, the consumer must have the possibility of terminating electronically if he wishes.
Implementation of a “cancellation button”
“ Until now, no provision of general scope governed the terms of online termination “, Reports the spokesperson for the DGCCRF. “ In some cases, practices were developed by professionals to complicate the termination of contracts, such as the obligation to send a letter, sometimes registered, to be able to terminate “, he completes.
To remedy this, the text provides for the creation of a “cancel button» or, at least, of a functionality of the same type, accessible without problem by the consumer on the site. This device must be visible and clear, in order to allow effective termination. “Concretely, this button will lead to termination. This will not necessarily be activated after clicking. On the other hand, it will directly open, for example, the form to be completed to terminateconfirms Lion-Joed Char, from the European Consumer Centre. In the event of non-compliance by the professional with this new measure, he is liable to an administrative fine: “ up to 15,000 euros for a natural person and 75,000 euros for a legal person», points out Lion-Joed Char.
Entry into force no later than June 2023
On the other hand, the consumer must continue to pay attention to the terms of the contract to which he subscribes: “ For example, if this contract provides for a minimum one-year subscription before it can be terminated, this new measure does not open the way to termination at any time, the consumer will still have to wait one year“recalls Patricia Foucher of the association 60 million consumers, while specifying that it is still necessary to look carefully at the clauses around a subscription contract before signing it. The association also welcomes a measure making it possible to “ restore purchasing power to the Frenchwhile bringing competition into play.
A decree must now determine the terms of execution of this measure. It should take effect no later than June 2023: “This measure will be retroactive, it will also apply to contracts in progress and concluded on this date.“, welcomes Patricia Foucher. For its part, the DGCCRF specifies that there is a signaling device on its site called “signal conso” where “any consumer can report a problem related to consumption. It will therefore be possible to also report breaches by professionals of this simplified termination obligation.“, concludes the spokesperson.