Consumer Protection
Our Consumer Protection practice has been rapidly expanding to respond to our clients’ need for specialized advice in this important business area.
Our team advises on a complete range of consumer protection and advertising matters, concentrating its practice on:
- product safety and product liability, including warranties and product recall
- risk assessment on international and local promotional campaigns, review terms and conditions, providing copy clearance and advice on strategy
- drafting and reviewing advertising and sponsorship agreements
- advising on the use of online and social media
- advising on comparative and misleading advertising
- labeling
- distance contracts/e-commerce
- consumer credit
Our expertise spans across industries, with particular focus on banking services, cosmetics, electronic devices, fast-moving consumer goods, food and food supplements, paper, software, support and services, textiles, toys and vehicles.
By experience, we know that promptness in reaction, be it to concrete matters or to legislative changes with potential impact, is key when consumers are concerned, thus we deliver not only business tailored expertise, but also timely insights and practical solutions. These are based on our continuous attuning to market developments, including legal changes or amendments as well as to our role as interface between our clients and Romanian regulatory authorities.
Product Safety and Product Liability
Legal and regulatory aspects of product safety and product liability, including product recall and warranty, are increasingly gaining acknowledgement among both businesses and consumers. In this context, we are called to assist on the complete range of legal services in this dynamic aspect of businesses:
- preventive legal advice and practical strategies for compliance with Romanian law and regulations
- development and presentation of clarification requests to the National Authority for Consumer Protection
- representation of our clients before the National Authority for Consumer Protection
With each sector lining up its particularities, we follow suit with tailored assistance to our clients particularly in the automotive, consumer goods, retail, food and beverages, IT industries.
On product recall, as an area of enhanced economic and image impact to businesses across the industry range, we help clients plan and conduct specific actions. Thanks to our constant multi-jurisdictional exposure, we are knowledgeable on the how and when regarding the usage of the European Commission rapid alert system (RAPEX). Complementary, we draft and/or review the relevant recall documentation; also, on the domestic front, we are often mandated to represent clients before the National Authority for Consumer Protection in the preparation of and during product recall actions.
In recent years, we expanded our expertise to include assistance on a substantial number of prominent product recall actions including in the toy, retail, automotive, sporting equipment, electronics and audio sectors.
On warranty aspects, we advise clients on all legal issues arising from the obligations of conformity and warranty; we review warranty certificates, declarations, and advertising materials to keep them compliant with Romanian and European Union laws and regulations. We are frequently involved in warranty issues in the automotive, IT and telecommunications sectors.
Distance Contracts/E-commerce
Our technology-savvy lawyers identify and design suitable approaches to legal rights and obligations of parties regarding distance consumer contracts. We keep pace with the development of new trends and use of e-commerce channels across industries.
We have been guiding clients in the energy, automotive, IT, consumer goods and other on-line business sectors, concerning terms, conditions, and other statements in their contractual documentation or on their digital platforms.
Consumer Credit
We advise major banks and financial institutions on the legal requirements for credit contracts with consumers, as well as assist them during disputes with consumers or the national authority in this field. Timely advice and frequent review of legal compliance can help our clients avoid potential costly litigation.
