On August 3, parliamentarians definitively adopted the principle of simplified termination, included in the purchasing power law.
Initially proposed by the executive, the measure originally provided that any subscription taken out online in “
three clicks
” could be terminated just as quickly.
The scope of the article was eventually broadened by the opposition to all subscriptions, whether online or physical.
In concrete terms, the device, as adopted as it stands, must allow French consumers subscribing to an online subscription contract - such as, for example, telephony, electricity or even a sports hall - to be able to terminate it easily.
The measure is also valid for contracts subscribed in person but whose membership can also be done online: in this specific case, the consumer must have the possibility of terminating electronically if he wishes.
Implementation of a “cancellation button”
“
Until now, no general provision governed the terms of online termination,
” reports the spokesperson for the DGCCRF.
"
In some cases, practices were developed by professionals to complicate the termination of contracts, such as the obligation to send a letter, sometimes registered, to be able to terminate
", he adds.
To remedy this, the text provides for the creation of a "
cancellation button
" or, at least, a functionality of the same type, accessible without problem by the consumer on the site.
This device must be visible and clear, in order to allow effective termination.
“
Concretely, this button will lead to termination.
This will not necessarily be activated after clicking.
On the other hand, it will open directly, for example, the form to be completed to terminate
, ”confirms Lion-Joed Char, of the European Center for Consumer Affairs.
In the event of non-compliance by the professional with this new measure, he is liable to an administrative fine: “
up to 15,000 euros for a natural person and 75,000 euros for a legal person
”, underlines Lion-Joed Char.
Entry into force no later than June 2023
On the other hand, the consumer must continue to pay attention to the terms of the contract to which he subscribes: "
For example, if this contract provides for a minimum subscription year of one year before being able to terminate it, this new measure does not open the way to a termination at any time, the consumer will always have to wait a year
", reminds Patricia Foucher of the association 60 million consumers, while specifying that it is still necessary to look carefully at the clauses around a subscription contract before sign.
The association also welcomes a measure to "
restore purchasing power to the French
" while bringing competition into play.
A decree must now determine the terms of implementation of this measure.
It should take effect no later than June 2023: "
This measure will be retroactive, it will also apply to contracts in progress and concluded on this date
", welcomes Patricia Foucher.
For its part, the DGCCRF specifies that there is a reporting system on its site called “signal conso” where “
any consumer can notify a problem related to consumption.
It will therefore be possible to report, also, the failures of professionals to this obligation of simplified termination
, ”concludes the spokesperson.