Modern Community law utilises duties to inform as instruments of consumer protection to a great extent. Rather often such duties appear as formal requirements the spectre of which is not all too wide. The business has to guarantee that the information is provided in documented form in order to overcome informational asymmetry. Furthermore, a specific array of sanctions for non-compliance has developed in the legal orders of the Member States. The sanctions traditionally stemming from non-compliance with formal requirements do not apply regularly whereas novel sanctions prevail which mainly instrumentalize the time limit applicable to the consumer?s right of withdrawal. Additionally, damages or alterations the burden of proof could become material.
European Review of Private Law