EU Services Directive
An EU directive on services in the internal market entered into
force on 28 December 2009. It obliges solicitors to provide
information on their services - over and above the requirements set
out in the solicitors' standards of conduct rules.
Solicitors will need to:
- make the contact details of their professional indemnity
insurance providers available and which jurisdictions this
insurance applies to. This information can be provided in writing,
for example, in a client care letter, or made easily accessible at
the firm's place of business or on its website
- inform customers about the legal complaints service including
their contact details. This information will need to be included in
a firm's documentation that provides detailed information about
their services
There are other information requirements that may apply in
certain cases and solicitors should check the draft regulations and
guidance provided by the Department for Business, Innovation and
Skills.
The new directive
Directive 2006/123 seeks to improve access to
services throughout the European Union. It requires member states
to remove unjustifiable or discriminatory requirements affecting
the setting up or carrying on of a relevant service activity in
that country.
The Services Directive is implemented into national law via the Provision of Services Regulations 2009. The
Department for Business Innovation & Skills has
produced guidance for business on the regulations.
The Services Directive:
- sets down a number of information provisions relating to client
care that solicitors need to be aware of and comply with
- establishes one-stop-shops for services providers to find
information and complete the necessary formalities in one place
(single point of contact)
- facilitates co-operation between regulatory authorities
- imposes a general obligation for procedures to be
electronic
The Society's obligations
In order to comply with the directive, we have created an Applications page on our website
which contains all of the application processes that a solicitor,
or firm of solicitors, might need to make, as well as
accompanying guidance notes. We have reviewed each separate process
to ensure that it is compliant with the directive's requirements,
namely that it is not unnecessary, disproportionate or
discriminatory.
If you have any questions about any aspect of the directive,
please email
us.