The Consumer Law Simplification Directive
The Commission's proposal of 11 November 2026 to lighten the Consumer Rights Directive and the ePrivacy Directive: fewer information duties, a new rule for streaming subscriptions and in-app purchases, and its link with the Digital Fairness Act.
- By
- By Bart Lieben, Attorney-at-Law
- Reviewed by
- Bart Lieben, Attorney-at-Law
- Published
The legal framework
Alongside the Digital Fairness Act, the European Commission proposed on 11 November 2026 a directive amending Directives 2011/83/EU and 2002/58/EC as regards the simplification of certain consumer protection rules, reference COM(2026) 1110 final, procedure 2026/0357 (COD). The Commission collects both texts on its Digital Fairness Act page and announced them in a press release.
Why
The 2024 fitness check of EU consumer law found that consumer law puts limited burdens on businesses, with no reporting duties, but saw room for targeted simplification, mainly in the Consumer Rights Directive (CRD). The proposal is part of the Commission's REFIT programme and pays particular attention to SMEs. The explanatory memorandum says it must be read together with the Digital Fairness Act.
What changes in the Consumer Rights Directive
- Digital content with immediate access. If a consumer asks for immediate access to digital content that is not on a tangible medium, and so loses the right of withdrawal, the trader no longer has to give information about that right.
- Micro transactions. A new category covers extra digital content or features bought within an existing digital service from the same trader, for up to EUR 50 (or the same in virtual currency). For these, the trader only has to give the main characteristics and the total price, before the order and in the order flow, without repeating identity and contact details.
- Audio and video subscriptions. Where the consumer asked for the service to start straight away, the withdrawal period becomes one month. A consumer who withdraws pays the average monthly price over the full contract term, and the trader keeps supplying until the end of that first month. That replaces today's payment in proportion to the service already provided.
- Fewer information duties. Pre-contractual information on the complaint-handling policy, after-sales assistance and services, commercial guarantees, codes of conduct and out-of-court redress is dropped.
- Financial services. The definition now names crypto-asset services. The CRD's rule on fair online interfaces for financial services contracts (Article 16e) goes, because the Digital Fairness Act's dark pattern ban covers them.
- Withdrawal button. Article 11a of the CRD on the withdrawal function is deleted, since Article 24 of the Digital Fairness Act takes it over.
What changes in the ePrivacy Directive
Article 13 of Directive 2002/58/EC on unsolicited direct marketing would no longer apply to messages traders send to consumers. Those move to Article 28 of the Digital Fairness Act, which keeps the consent rule and the soft opt-in for existing customers. Marketing to business contacts stays under ePrivacy.
Status and next steps
This is a proposal under the ordinary legislative procedure. The European Parliament and the Council will discuss it with the Digital Fairness Act. As a directive, it needs national transposition: member states would have 12 months after entry into force to adopt and apply their rules (Article 3). The text still contains placeholders for the article numbers of the Digital Fairness Act, which shows how closely the two are tied.
Frequently asked questions
Does this lower consumer protection?
The Commission says the measures reduce burdens without loss of protection. Some changes give consumers more time, such as the one-month window for streaming subscriptions.
Do we need to change anything now?
No. Nothing applies until the directive is adopted and transposed. It is worth noting which templates and checkout texts would change, so you can update them together with the Digital Fairness Act work.
Why a directive and not part of the regulation?
The CRD stays a directive, so changes to it come through an amending directive. The Digital Fairness Act replaces the Unfair Commercial Practices Directive with a regulation.
How this connects
The proposal belongs with the Digital Fairness Act; its rules for creators and brands are in influencers and the law. We update consumer terms, order flows and subscription conditions as part of commercial contracts and transactions. Contract Review checks existing terms and Document Studio prepares the new versions; our own AI does the first pass and an attorney reviews every result.
What this means for you
A video streaming service lets new subscribers watch straight away. Today a consumer who withdraws within 14 days owes a proportional amount. Under the proposal the consumer would have one month, would pay one month at the average price and could keep watching until the month ends.
A game publisher sells skins for EUR 4.99 inside a game the consumer already plays. Its checkout could show only what the skin does and its price, instead of the full pre-contractual information set each time.
A webshop sends newsletters to consumers. The legal basis would move from national ePrivacy rules to Article 28 of the Digital Fairness Act, with the same consent and opt-out logic.