Q: I would like to know if an online service provider who operates locally should inform his clients appropriately that certain button clicks on his website will incur charges to its users. Is it regulated in Malta that service providers should adequately advise their clients of costs generated per clicks?
A: The Consumer Rights Regulations, which have come into force in all EU member states in 2014, stipulate that the trader shall ensure that when there is an obligation to pay, the consumer must be aware that the clicking of the button implies an obligation to pay.
Furthermore, the regulations state that if placing an order entails activating a button or a similar function, the button or similar function shall be labelled in an easily legible manner only with the words ‘order with obligation to pay’.
If the online trader does not comply with this sub-regulation, the consumer shall not be bound by the contract or order.