Services Standards: Defining the Core Consumer Elements ... - ANEC

Hans-W. Micklitz
to provide the information in writing, however, without making clear whether this
could also mean providing the information in an electronic form.
Whilst the common trend is obvious the EC regulations and technical standards
vary considerably in detail. All in all the EC rules rely heavily on pre-contractual
means as an appropriate means to strengthen the consumer autonomy. The
trend is less clear where technical standards are concerned. Here only those
standards that directly or indirectly refer to contract making contain information
requirements.
4. Content of the contract
The definition of the content of the contract is the acid test for law-makers and
standard-makers. The existing EC regulations on services are patchy, in that
they do not deal fully and comprehensively with the content, the quality, the
safety requirements and the payment modalities. However, the EC legislator
does not refrain from dealing with sensitive issues such as affordability of the
network services. No complementary provisions, however, exist for consumer
credit. A strong consumer bias includes the need to lay down minimum content
rules. Billing, again a sensitive issue, is usually exempted from EC regulation.
The EC directives and regulations are deficient, however, when it comes down
to define the consumer rights in case of improper service, liability for loss and
damage as well as protection via insurances. Cancellation rights and the right of
withdrawal are relatively well-developed. Sanctions for improper information
supply are completely missing. Compensation rules for insufficient performance
and liability rules for personal injury and belongings are the exception to the
rule.
However, there is a world of difference between lawmaking and standardmaking.
Few standards contain some sort of minimum requirements for the
content of the contract. If any, technical standards focus on quality requirements
and quality management which constitutes a prominent field for standardising
activities. A notable example is the BSI standard on billing. 419 Most of the
standards being studied here, however, do not spend a single word on the
concrete obligations of the service providers or on the rights consumers might
benefit from in case the service provider fails to execute the service properly.
Sometimes liability is mentioned, mostly in conjunction with possible (not
clearly) recommended insurances.
419 BS 8463:2005 ‘Specification for customer billing practice’.
184