A Law Providing Against the Refusal to Сonclude a Сontract Due to a Сonsumer's Refusal to Provide his Personal Data and Other Invalid Terms of a Consumer Contract Has Been Passed

28 April 2022
Nikita Ayrapetov
Associate
Elizaveta Gromova
Legal Trainee

On April 26, 2022 the Federation Council approved a law amending Article 16 of the Law of the Russian Federation of February 7, 1992 № 2300-I “On Protection of Consumer Rights”, which prohibits sellers, performers, owners of aggregators to refuse a consumer in contract, execution, modification or termination due to the refusal of the consumer to provide personal data.

These innovations were intended by the increasing number of mass leaks of personal data. Often sellers collect personal data that is not necessary for the performance of the contract and use it inappropriately or do not use at all.

The Law supplements Article 16 with Paragraph 4, which provides for the following changes on personal data:

  • The seller should not refuse to conclude a contract due to the consumer's refusal to provide personal data, except cases when the obligation to provide personal data is related to the performance of the contract;

  • The consumer has the right to request information about the reasons for the refusal to conclude the contract;

The consumer may request information in writing or electronic form, in which case the deadline for the seller's response is seven days, also the consumer may request information orally and the seller must provide it immediately.

In addition, a law amending the Administrative Offences Code, which introduces penalties for forcing consumers to provide personal data, was approved on first reading:

Subject of Liability

Amount of Fine

Officials

From 5 000 to 10 000 rubles

Legal Entities

From 30 000 to 50 000 rubles


Помимо запрета на отказ в заключении договора из-за непредоставления потребителем своих персональных данных, Закон расширил пункты 1 и 2 ста

In addition to the prohibition on refusal of contract because of a consumer's refusal to provide his personal data, the Law has expanded Article 16, paragraphs 1 and 2 containing invalid terms of a contract with a consumer and the consequences of the inclusion of such terms in the contract.

Under Article 16(1), contract terms prejudicial to the consumer's rights are now null and void. If the inclusion of such terms has caused losses to the consumer, they must compensate in full by the seller within 10 days.

Article 16(2) provides an open-ended list of terms that are considered invalid. In particular, terms are invalid if they:

  • Give a seller the right to unilaterally withdraw or modify the terms of the obligation;

  • Restrict the consumer's right to freely choose the territorial jurisdiction of disputes;

  • Establish penalties for the consumer;

  • Exclude or limit the seller's liability for non-performance or improper performance;

  • Make the purchase of certain goods subject to the compulsory purchase of other goods;

  • Provide for additional work for a fee without the consumer's consent;

  • Restrict the choice of method and form of payment;

  • Provide grounds for early termination of the contract at the request of the seller;

  • Reduce the amount of legal penalties;

  • Limit the type of consumer claims in the case of sale of goods of inadequate quality;

  • Establishes a compulsory pre-trial procedure, if it is not provided for by law;

  • Establish an obligation of proof on the consumer, if the law does not provide for such obligation;

  • Restrict the consumer in the means and ways of protection;

  • Make the satisfaction of consumer claims for defective goods dependent on conditions unrelated to such defects.

The changes will come into force on 1 September 2022.