Hungary: HCA Publishes Digital Consumer Protection Strategy

The Hungarian Competition Authority (HCA) recently published a strategy paper presenting its views on consumer protection in the digital age. The paper subtly indicates that the HCA will continue to follow the European Commission's guidance in this regard. The paper highlights the measures which the HCA deems necessary to protect consumers and keep up with the developments and companies central to this process.

As a premise, the HCA stresses that consumers are highly vulnerable to certain tech giants and other online service providers. This is because the overwhelming data flow which is inherent to the emerging digital age has rendered the traditional consumer protection approach meaningless.

According to the HCA, to cope with the new dynamics of the market, authorities and consumers need a new approach to:

  • consumer protection issues; and
     
  • transactional decisions.

The HCA also noted that algorithms and artificial intelligence are likely to become highly relevant in the foreseeable future and urged competition authorities to prepare to respond accordingly. The HCA believes that it is paramount that consumers with a limited understanding or interest in technology both remain protected and benefit from new inventions.

In light of the above, the HCA has defined its approach as follows.

Strategy

Fostering compliance

According to the HCA, the problems posed by the digital markets may be best solved by proceedings which aim to foster compliance rather than impose penalties. These proceedings mainly aim to provide a solution for prevalent topics. In addition to traditional goals, their purpose is to function as an exemplary case or guidance. While these cases may also involve penalties, these are not of utmost importance. The HCA has already initiated proceedings using this approach. These cases involved Instagram celebrities with paid content and online accommodation booking sites, among others.

Proceedings against global players

According to the HCA, these cases may require an assessment of the overarching effects of the specific conduct, including those which occur outside Hungary. Therefore, the HCA deems it necessary to consider the approach of other authorities, especially those from the European Union. However, the HCA remains confident to take action on an international scale and expects international players to align their practices with its guidance, where relevant.

Prioritising novel cases

The HCA has prioritised the issues pertaining to consumer protection in the digital markets. In particular, the HCA intends to address cases which raise novel questions and pose problems which did not exist or were not addressed prior to the digital age. The HCA has even gone so far as to indicate that it intends to initiate at least one such novel proceeding every year. It also intends to orchestrate international actions if necessary and has indicated that it will not shy away from leading the way in this regard.

Market analysis

The HCA may use invasive tools to map a market before deciding whether an investigation into a certain conduct is necessary. One such tool is market analysis, which the HCA intends to employ to better understand the functioning of comparison tools.

Super complaints

In its strategy paper, the HCA introduced the notion of 'super complaints' (ie, complaints which are addressed directly to the HCA by or through, for example, authorities or consumer associations). Although the HCA does not differentiate between complaints, such pre-selected and comprehensive presentations by professional organisations may allow for more intensive and swifter intervention by the HCA.

Fostering international cooperation

The HCA concluded its strategy paper by highlighting its intention to foster international cooperation around consumer protection, especially within the framework of the Consumer Protection Cooperation Network and under the aegis of the European Commission's New Deal for Consumers.

Comment

In recent years, the HCA has become a dynamic authority which aims to effectively enforce competition, particularly in novel cases. It has also visibly shifted its focus on to consumer protection and – most recently – the digital markets. As such, it has devoted significant resources to protecting consumer interests, which has somewhat slowed down enforcement in other areas. However, the HCA's new-found focus has also led it to issue groundbreaking decisions.

The HCA's strategy paper gives market players insight into how it perceives its activities. The ambitious undertaking to solve at least one novel issue every year may represent, to some, an overly eager approach to enforce competition on the digital markets and among major international companies. The question remains as to whether such a vigorous approach from the HCA is necessary.

As mentioned above, the HCA is planning to initiate an analysis of the online comparison services market. Therefore, undertakings which perform such activities may expect data requests in the near future. This inquiry is not constrained to price comparison websites, but extends to any online service which allows for product comparisons. Further, players which also market their own products through such services may expect a high level of scrutiny. In its analysis, the HCA is expected to thoroughly review whether consumers are provided with all information regarding the basis of a comparison and the proof regarding the lack of bias in the algorithms.

All other undertakings which are active on the digital markets may be subject to the HCA's scrutiny. If the authority truly intends to provide continuous guidance regarding novel issues and compliance, the number of tech companies approached by the HCA may increase significantly in future.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions