The Services Directive introduced a number of measures to promote the quality of services and to improve transparency and information on providers and services, so as to ensure the legal certainty of cross-border transactions.
Businesses wishing to offer services are subject to specific reporting obligations. Information must be communicated by the provider on their own initiative or be easily accessible to the recipient at the place where the service is provided or the contract concluded or by electronic means via an address communicated by the provider.
All information must be made available in good time before the contract is executed or, in the absence of a written contract, before the service is provided and must appear in all information documents that the provider provides to the recipient to pitch the service offered in detail. Providers are required to prove compliance with information obligations and the accuracy of the information provided.
Businesses offering services must disclose:
the name of the provider, their legal status and form, the postal address at which the provider is established and all the details necessary for rapidly contacting and communicating with the provider directly and, as the case may be, also electronically;
where the provider is registered in a trade or other similar public register, the name of the register and the provider's registration number, or equivalent means of identification in that register;
where the activity is subject to an authorisation scheme, the particulars of the competent authority or Digital Single Desk;
where the provider performs an activity subject to VAT, the VAT identification number;
in the case of the regulated professions, the professional associations or similar bodies with which the provider is registered, the professional qualification and the Member State in which it was obtained;
insurance or guarantees in the event of professional liability, in particular the name and address of the insurer or guarantor and the geographical coverage.
Businesses offering services must inform the recipient of:
lany general terms and conditions applied by the service provider;
the existence of any contractual clauses used by the service provider concerning the law applicable to the contract and/or the competent jurisdiction;
the existence of any after-sales guarantee, not required by law;
the price of the service, where this is predefined by the service provider for a specific type of service;
the main features of the service, if not already apparent from the context.
Businesses wishing to purchase a service abroad may request additional information from the service provider, in particular:
for regulated professions, indications of the professional rules in force in the Member State of establishment and the means of accessing them;
multidisciplinary activities and associations that are directly linked to the service in question, as well as measures taken to avoid conflicts of interest. This information is included in any information document in which providers give a detailed description of their services;
any codes of conduct to which the provider is subject, as well as the address at which such codes may be consulted electronically, with an indication of the language versions available;
if a provider is subject to a code of conduct or is a member of a trade association or professional body or order which provides for the use of an out-of-court dispute resolution mechanism. In such a case, the provider must specify how detailed information on the features and conditions of use of an out-of-court dispute resolution mechanisms can be found;
where there is no predefined price set by the provider for a given type of service, the cost of the service or, if an exact price cannot be indicated, the method of calculating the price, to enable the recipient to verify it, or, alternatively, a sufficiently detailed estimate.
Administrative cooperation and the Contact Point for assistance to Businesses receiving services
Member State authorities shall cooperate with each other to ensure effective supervision of providers and their services, including through audits, inspections, investigations and exchanges of information.
In order to ensure businesses secure access to services throughout the European Union, a Contact Point for assistance to businesses receiving services has been set up in Italy, available via the web portal impresainungiorno.gov.it and accessible at the e-mail address assistenza.destinatari@unioncamere.it. assistenza.destinatari@unioncamere.it.
Any business intending to purchase a service abroad can reach out to the Contact Point for general information and assistance with regard to the rules to be followed by businesses in other EU Member States, the means of protection for the recipient of services and dispute settlement procedures applicable in other States.
By contacting the Contact Point, Businesses wishing to purchase services in another EU Member State can receive in particular:
general information on the rules applicable to services in other countries and the obligations to which the business from which services are purchased is subject;
general information on national legislation and the rights of businesses purchasing services abroad, with particular regard to the protection of recipients of services;
general information on remedies available in the event of a dispute with the service provider;
information on alternative means of dispute settlement and details of associations or organisations from which businesses receiving services can receive practical assistance in the event of a dispute with a trader from another State.
The list of contact points for assistance to businesses receiving services in EU Member States can be found on the following webpage:
http://ec.europa.eu/internal_market/services/docs/services-dir/guides/bodies_designated_en.pdf
A company that intends to entrust renovation work to a Spanish architect:
receives from the architect all information relating to his or her identification data, contact details, professional qualification, enrolment in the Spanish Register of Architects, the content and characteristics of the service provided;
may request from the architect specific information on the professional rules in force in Spain, the cost of the service and the way in which it is determined;
can obtain from the Contact Point for Assistance to Businesses receiving services in his or her country all information on the rules in force in Spain for the practice of the profession of architect.
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