Resolution No. 994/2021 of the Secretary of Commerce: expansion of the list of clauses considered abusive in consumer contracts.
Consumer Protection Department report | Resolution No. 994/2021 of the Secretary of Commerce: expansion of the list of clauses considered abusive in consumer contracts
Dear Sir or Madam,
Resolution No. 994/2021 of the Secretary of Commerce (hereinafter, the “Resolution”), published in the Official Gazette today, expands the list of consumer contracts’ clauses considered abusive included in Resolution No. 53/2003 of the Secretariat of Competition, Deregulation and Consumer Protection. Therefore, the following clauses are considered abusive:
i) clauses that Infringe or enable the violation of the children and teenager´s rights.
ii) clauses that directly or indirectly promote or encourage stereotypes, socio-cultural patterns based on gender inequality, and power relations over women.
iii) clauses that distinguish, exclude, restrict or arbitrarily undermine consumers for reasons of race, ethnicity, gender, sexual orientation, gender identity, age, religion, physical, psychophysical or socio-economic condition, nationality, or any other clause that violates the principle of respect for human dignity.
iv) clauses that distort the effects of the earnest or down payment to the detriment of the consumer.
v) clauses that establish arbitration clauses or arbitration agreements.
vi) clauses that obstruct, denature or limit the revocation of acceptance by consumers in consumer relationships carried out outside commercial establishments, remotely, or by electronic means.
vii) clauses that enable providers to preserve consumer personal data after the termination of the contract when the consumer has requested its elimination.
viii) clauses that impose a ban or penalty for negative reviews.
ix) clauses that have the contract perfected and accepted by simply browsing the website.
x) clauses that establish the anatocism or “interests of interests” in consumer relations to the detriment of consumers.
xi) clauses that transfer to consumers the consequences of the fortuitous event or force majeure.
xii) clauses that prevent or restrict consumers from invoking the “theory of unforeseen” or frustrating the purpose of the contract.
xiii) clauses that eliminate or reduce the scope of the supplier’s responsibility for product defects.
xiv) clauses that enable the supplier to delegate the execution of its work to a third party when his work was particularly chosen for its special qualities.
xv) clauses that limit the exercise of consumer rights through collective actions.
The Resolution is valid the day after its publication in the Official Gazette.
Noelia De Belder