Revised Rules on Marketing to Consumers Enter into Force
- Finland
- 10/02/2008
- Roschier, Attorneys Ltd. - Finland
As was reported in our 19 June 2008 newsletter, Government Bill 32/2008 concerning implementation of the Unfair Commercial Practices Directive 2005/29/EC was passed by the Finnish Government in June. The implementation required amendments mainly to Chapter 2 of the Consumer Protection Act (38/1978, as amended) concerning marketing to consumers. The revised provisions have entered into force on 1 October 2008.
The amendments extend the applicability of Chapter 2 of the Consumer Protection Act to cover also commercial practices taking place after a commercial transaction has been made, such as after-sales services. The underlying principles of business-to-consumer marketing regulation have not been changed as such, but the amended provisions are written in significantly more detail than before.
The amended Chapter 2 of the Consumer Protection Act contains, inter alia, specific provisions detailing marketing or practices contrary to good practice, as well as specifying when marketing shall be considered inappropriate. Also an express prohibition on the use of aggressive commercial practices is among the amended provisions.
The regulation on inappropriate commercial practices is purely domestic in nature. As a main rule, marketing is considered inappropriate if it is in clear conflict with commonly accepted social values. Typical inappropriate marketing practices include such that insult human dignity or religious or political convictions. Also marketing that is discriminatory towards gender, ethnic origin or sexual orientation or that encourages activities that threaten health, public security or the environment without any proper relation to the marketed product are generally inappropriate. The amendments concerning inappropriate conduct also contain special provisions regulating commercial practices directed at minors or practices that commonly attract minors.
