The Interplay Between the Unfair Commercial Practices Directive and Codes of Conduct

Abstract

At the heart of this paper lies the reciprocal influence between codes of conduct and the Unfair Commercial Practices Directive (UCPD). It assesses to what extent self-regulatory practice both affects and is affected by the directive. The codes' contribution to consumer protection has not sensibly increased since the directive took effect. Codes of conduct hardly flesh out the directive's general clauses and are still predominantly confined to help enforce the misleading clause. Codes of conduct also barely add to advancing the harmonisation goal of the directive. Their impact on the interpretation and enforcement of the directive's standards has been more constrained than stimulated by the UCPD and the way it has been implemented at the national level. To increase self-regulation's share in the achievement of the consumer protection and harmonisation goals of the directive, the directive should be amended so as to strengthen the role of codes of conduct in the interpretation and enforcement of the UCPD standards. More co-regulation in the sense of a further integration of codes of conduct into the UCPD should, however, respect the delicate balance between consumers' and traders' interests.