Omnibus Directive: Consumer Protection in all EU States at first place

Directive (EU) 2019/2161

The Directive, called Omnibus, is a law introduced by the European Union to strengthen consumer rights and increase transparency in retail and e-commerce.

The Legislative Decree in Italy

On 2 April 2023, the Legislative Decree transposing the EU Directive 2019/2161 on consumer protection (so-called Omnibus Directive) entered into force.

The Legislative Decree in Italy introduced multiple novelties regarding the indication of prices in promotional campaigns.

Prices in promotional campaigns

The obligation for retailers to provide more transparent information on price reductions has been introduced in Italy.

When offering discounts, retailers must now inform consumers not only about the discounted price or the percentage of discount, but also about the previous price at which the product was sold in the last 30 days (Article 17bis of the Consumer Code).

This has implications for the promotional strategies of all accounts:
e.g. in order to obtain the ‘Deals’ badge for Amazon Prime Day, merchants must ensure that their prices are at least 5% lower than the lowest price recorded in the last 30 days.
It is very important to manage pricing policies carefully, especially during this period.

The rules on the indication of prices in promotional campaigns started on 1 July 2023.

The Interpretation of the Directive

There are more interpretative doubts about the wording of the Omnibus Directive, especially on the issue of the ‘previous price’.