Frequently Asked Questions (traders)

Questions related to the receipt and preservation of labels

Where to go for the label?

Pursuant to Section 6 (1) of the Decree, the district office (in Budapest the capital district) is responsible for handing over the labels to the trader in its area of competence.

What do you need to bring with you to receive the labels?

According to the information of the Government Office of the Capital City Budapest (BFKH), the right to carry out commercial activity can be proved by presenting an operating license or certificate from a notary with a document authorising the performance of the commercial activity.

Who can pick up the labels from the trader’s side?

The employee authorised by the trader with signatory rights, this can be more than one person. It is recommended that the authoprisation be issued as a private document with full probative value and be valid until revoked according to the duration of the employment relationship.

Where can a trader inquire about the availability of labels?

At the district office competent according to the registered office or place of business.

What to do with faulty or damaged labels?

A faulty or damaged label must not be handed over to consumers or must be taken back at the customers’ request and then returned to the district office. It may be appropriate to authorise the same range of personnel for the return as for the receipt of the labels. The elaboration of the detailed rules of data provision is the responsibility of the BFKH and the county government offices.

What are the minimum and maximum number of labels a trader can request?

According to the BFKH’s information, this will be decided by the district office taking into account the number of labels disbursed.

Does the district office record contacts and appoint a dedicated clerk?

According to the BFKH, no office clerk will be appointed specifically for each service provider.

Where can I book an appointment?

You will have to inquire about the usual ways at the district office, there is basically no pre-booking.

How can I receive the labels?

For the time being, the BFKH maintains the register in manual form, and it is expected that an electronic register will be available to traders on the web surface from March 2022. Labels must be received with an acceptance report, so it is recommended that traders check on the spot what they receive.

What happens if there is a discrepancy between the itemised list and the physical barcodes/identifiers?

It is advised for traders to check the serial number of the labels received on the spot. In the event of missing labels, excess labels or differences between the serial numbers on the labels and in the acceptance report, managing the discrepancy should be agreed directly with the district office.

What is the manufacturer's recommendation for the storage and usability of labels?

Labels should be stored between 10 and 30 degrees Celsius, preferably in foil or paper bags, protected from sunlight, fire and other physical or chemical exposure, due to the vulnerability of the scratch-off part. Adhering to the storage recommendation, the adhesive material on the label ensures the adhesion of the label for 3 years if kept at a temperature between 10 and 30 degrees Celsius and protected from moisture, fire and other physical/chemical influences, it provides for the usability of the label by the consumer for at least 5 years, and the readability of the data erasure code for 10 years.

How to hand over the label to the consumer

What is the label provided for?

The range of durable media devices supported by the data erasure application: durable media devices

What do I need to know about certifying the handover of the label?

Pursuant to Section 3 (1) of the Decree, by handing over the label, the consumer becomes authorised to use the data erasure application, and the label becomes their property. From then on, the label does not share the legal fate of the product. If the product needs to be exchanged, returned due to withdrawal or repaired, it does not mean that the consumer must also return the label to the trader. If the trader still takes back the label, it must be sent back to the district office for destruction.
Pursuant to Section 8 (5) of the Decree, in the event of exercising warranty or guarantee rights, the trader is obliged to only receive from the consumer a label with an intact top layer. Pursuant to Section 8 (6), the label is not marketable on its own, so no new label can be issued regardless of the device.
When purchasing a durable medium, the trader must provide the consumer with a label, there is no such right or obligation in the case of a transaction for different reasons and under different grounds.
The decree does not address the obligation for the consumer to return the label, so the trader cannot oblige the consumer to do so.

How can I check the unused status of a label?

The use of the label is evidenced by the removal of the top coating and unsuccessful use must be stated by the consumer.

What to do in case of withdrawal, device replacement or change of ownership?

Pursuant to Section 8 (5) of the Decree, in the event of exercising warranty or guarantee rights, the trader is obliged to only receive from the consumer a label with an intact top layer. Pursuant to Section 8 (6), the label is not marketable on its own, so no new label can be issued regardless of the device.
When purchasing a durable medium, the trader is obliged to hand over a label to the consumer. There is no such right or obligation in the case of a transfer for different reasons under different grounds.
The decree does not address the obligation for the consumer to return the label, so the trader cannot oblige the consumer to do so.
Pursuant to Section 3 (1) of the Decree, by handing over the label, the consumer becomes authorised to use the data erasure application, and the label becomes their property. From then on, the label does not share the legal fate of the product. If the product is exchanged, returned due to withdrawal or repaired, it does not mean that the consumer must also return the label to the trader. However, if the consumer does so, the trader must return the label to the district office for destruction.

What happens if the consumer loses, discards or cannot find the label?

The label gives the consumer the opportunity to use a service, so similarly to purchased tickets or passes, the label must be kept until it is actually used. If someone loses or discards the label, it can also be used by the finder. If the consumer has not lost the label but cannot find it, the data erasure application cannot be used. Lost, discarded or missing labels cannot be replaced by the trader.   

What inspection obligations will the trader have?

The trader is not subject to any special inspection obligations. The use of the label is evidenced by the removal of the top coating and unsuccessful use must be stated by the consumer.

Are there any trader responsibilities or any safety precautions that are important to follow?

Labels are sequentially numbered forms and the trader is required to handle them accordingly and keep them intact. The trader is bound by this liability from receipt from the district office until handover to the consumer.

How do I report my monthly data? Does the trader have to keep records?

Developing the detailed rules of record keeping and data reporting is the responsibility of the BFKH and the county government offices.