§3.4.1 Ranking criteria

Article 6a(1) (a) general information, made available in a specific section of the online interface that is directly and easily accessible from the page where the offers are presented, on the main parameters determining ranking, as defined in point (m) of Article 2(1) of Directive 2005/29/EC, of offers presented to the consumer as a result of the search query and the relative importance of those parameters as opposed to other parameters; Directive (EU) 2019/2161 added a similar information obligation also to the UCPD, as a new paragraph 4a in Article 7 on misleading omissions. It also added a new point 11a to Annex I ‘blacklist’ of the UCPD prohibiting undisclosed advertising and paid promotion in search results. The obligation in the CRD applies to online marketplaces enabling direct conclusion of consumer contracts with third parties (both B2C and C2C contracts). In contrast, it does not apply to price comparison tools and online search engines, when they are not acting as online marketplaces – these intermediaries are only subject to the UCPD requirements. Ranking is defined in Article 2(m) of the UCPD as ‘the relative prominence given to products, as presented, organised or communicated by the trader , irrespective of the technological means used for such presentation, organisation or communication’. The same definition applies also in the context of the CRD. Recital 19 of Directive (EU) 2019/2161 further explains it as ‘…including resulting from the use of algorithmic sequencing, rating or review mechanisms, visual highlights, or other saliency tools, or combinations thereof’. The obligation to inform about the ranking parameters arises when the marketplace provides, following a consumer’s search query, search results referring to products offered by different traders or consumers hosted on the marketplace. In contrast, it does not apply to the default organisation of the online interface that is displayed to the consumer and that is not the result of a specific search query on that online interface. As regards the content of the information, the marketplace must provide ‘general’ information about the main parameters determining the ranking of products and about the ‘relative importance’ of those parameters as opposed to other parameters. According to Recital 22 of Directive (EU) 2019/2161 ‘Parameters determining the ranking mean any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking.’ Information on ranking is without prejudice to Directive (EU) 2016/943 of the European Parliament and of the Council (101) on trade secrets. As explained in the parallel ranking transparency obligation for all online platforms and online search engines laid down in Article 5 of Regulation (EU) 2019/1150 of the European Parliament and of the Council (102) (the ‘P2B Regulation’), this means that a consideration of the commercial interests of the relevant providers should never lead to a refusal to disclose the main parameters determining ranking. At the same time, neither Directive (EU) 2016/943 nor the P2B Regulation requires disclosure of the detailed functioning of the ranking mechanisms of the relevant providers, including their algorithms (103). The same approach applies to the information requirement under the CRD. The description of the default ranking parameters can remain at a general level and does not have to be presented in a customised manner for each individual search query (104). In addition to the general requirements as to its accessibility, the information about ranking parameters must be made available in a specific section of the online interface that is directly and easily accessible from the page where the offers are presented (105). The information obligation also applies where a trader enables searches on an online interface by voice commands (via ‘digital assistants’), rather than through typing. Also in this case, the information must be made available for consultation on the trader’s website/application on ‘a specific section of the online interface’. The rules on ranking transparency towards consumers (in the CRD and the UCPD) define ‘ranking’ in materially similar terms as the P2B Regulation. The P2B Regulation requires platforms to inform their business users through information in the platform’s business-to-business Terms and Conditions, or make information available in the pre-contractual stage. Although the respective information requirements are similar, their ‘audiences’ are different. For this reason, the CRD (and the UCPD) only require ‘general’ information about the main ranking parameters and their relative importance. This difference from the P2B Regulation reflects the information needs of consumers who require concise information that is easy to understand. For the same reason, the CRD (and UCPD) rules also do not require an explanation of the ‘reasons’ for the relative importance of the main ranking parameters that is required by the P2B regulation. Practically speaking, the providers of online intermediation services will be able to use the more detailed information that they provide to their business users under the P2B Regulation as a basis for designing a consumer-oriented explanation of the ranking parameters. The Commission has issued guidelines on ranking transparency pursuant to the P2B regulation (106). These guidelines address several questions that are also indirectly relevant in the application of the rules of the CRD and UCPD on ranking transparency, such as the concept of ‘main parameters’, ‘relative prominence’ and ‘direct and indirect remuneration’.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07