Fostering trust among consumers and economic operators is no easy feat. An ecosystem focused on consumer well-being and fair commercial practices is instrumental to achieve well-functioning markets that place consumer protection at the centre of the economy.
An effective regulatory framework that keeps up with a continuously evolving online landscape is necessary to safeguard digital consumers in the same way as consumers who purchase goods and services from brick-and-mortar outlets.
The Malta Competition and Consumer Affairs Authority is at the forefront in empowering and nourishing consumers’ well-being in the digital world and also in sustaining a level playing field to support honest traders who are committed to abide by the rules.
During the past years, the MCCAA prioritised the establishment of a Digital Investigations Unit, whose main objective is to use advanced technology, such as data harvesting, to identify unsafe products on the market and unfair commercial practices.
The requirement to establish a digital investigations function within the authority was recognised by the EU Consumers, Health, Agriculture and Food Executive Agency following the approval of a grant application for 50 per cent co-financing submitted by the MCCAA with the support of Servizz Ewropej Malta. The approved budget for the project amounted to €150,000.
Over the past year, the Digital Investigations Unit conducted over 2,940 online checks on products flagged as possibly unsafe by the EU’s Safety Gate system. The latter is a system for rapid exchange of information on dangerous products on the EU market between the national authorities of European countries and the European Commission.
Over the past year, the Digital Investigations Unit conducted over 2,940 online checks on products flagged as possibly unsafe by the EU’s Safety Gate system- Odette Vella
The Enforcement Directorate, with the assistance of the Digital Investigations Unit, also carried out 700 online checks in relation to: the screening of websites for dark patterns as part of the EU-wide sweep coordinated by the European Commission; screening of online supermarkets and online stores selling electronic products and household goods for any possible breaches of consumer law; and price monitoring of local online sellers.
Detected non-conformities were flagged to the responsible operators who, once informed of the irregularities, positively responded to the MCCAA’s communication through immediate action. Furthermore, the Unit provided assistance to the various entities within the MCCAA through evidence-gathering on eCommerce sites so that the necessary action could be taken.
Thanks to this project, 35 MCCAA officers were trained in enforcement skills through a recognised award. A five-year strategy was established, and documented procedures have been drafted to ensure a consistent approach based on customer requirements.
These documents have been independently audited by the British Standards Institute, resulting in an internationally recognised certification of ISO9001:2015.
An informed consumer is an empowered consumer. A national information campaign is currently ongoing on both traditional and social media with a view to educate both consumers and economic operators about their rights and responsibilities when making transactions in the digital world.
Consumers who experience problems with products or services they purchase are in the first instance advised to communicate with the seller and together try and reach a reasonable and fair solution.
If consumers are unsure about their legal rights, they can contact the authority for the necessary information and guidance. This also helps to ensure that the consumers’ complaint has a legal basis. Complaints are undoubtedly best made with confidence, and knowledge of one’s rights gives such confidence.
Consumers should also remember that when submitting a complaint with the authority, they are required to submit the full contact details of the seller, the proof of purchase and any other documentation supporting their claim.
The Office for Consumer Affairs at the MCCAA is always available to support both consumers and traders with advice and to intervene where necessary through conciliation. Thanks to the dedicated Digital Investigations Unit, the Office for Consumer Affairs can now assist consumers more effectively when they encounter difficulties while shopping online for their needs.
Odette Vella is director, Information and Research Directorate, MCCAA.
This communication was co-funded by the European Union’s Consumer Programme (2014-2020). The content of this article represents the views of the author only and it is his/her sole responsibility; it cannot be considered to reflect the views of the European Commission and/or the Consumers, Health, Agriculture and Food Executive Agency (CHAFEA), or its successor entity – the European Innovation Council and SMEs Executive Agency (EISMEA), or any other body of the European Union. The European Commission and the agency do not accept any responsibility for use that may be made of the information it contains.
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