Recent Development Of Consumer Protection And Information Rights In Germany

In response to an increasing number of food safety problems, the German federal government began to prepare the first draft of information right act as early as 2002, aiming to improve the consumer protection standards on food. The legislative process experienced several setbacks and the concrete contents were hotly disputed in the whole society. Finally, the Consumer Information Act (VIG) came into effect on 1st May 2008. The next came the amendment of Food and Feed Law. Up to 1st September 2012, the amendments in both laws are effective.The consumer information right is the most complicated and controversial theme of consumer protection in recent years. With the Consumer Information Act and the amendment of Food Law, the legislator has created an effective instrument for more information and greater market transparency. Information and transparency are the basic preconditions for markets that function well.This article comprises five parts as follows:The forewords introduce the background of the Consumer Information Act, including legislator’s conception of this new act and the possible practical problems in the application.Chapter one analyzes the relationship between consumer policy and consumer information. Information is an effective instrument for consumer protection because of its strong power of influencing consumer behavior. The building of the new consumer information right is based on a double-track system. A brief introduction paves the way for the following discussion of this new system.Chapter two introduces the main content of the Consumer Information Act and analyzes the practical problems of the passive consumer information disclosure. This new act gives everyone the right to request information on food and everyday consumer goods from the competent public authorities. On the other hand, there are also exemptions of disclosing in the act. The new act still has some conflicts with other legal rules and calls for further improving, for example legislative and judicial interpretations.Chapter three focuses on the active information release. As a kind of government functions, it collides with the interests of enterprises. Therefore, the competent public authorities should follow the principle of proportionality. For instance, government action must follow the principle of subsidiarity. The active information release is legitimate only when the information is of great significance and the specific release is the only effective way to protect consumers. To balance the interests of consumers and enterprises is the responsibility of government, which cannot be shirked.The conclusion summarizes the key viewpoints in this article.