Transparency obligations
In particular, platforms are subject to the transparency requirements of Articles 6 and 7 UCPD, which requires them to refrain from misleading actions and omissions whenever engaging in the promotion, sale or supply of a product to consumers. For instance, online platforms should be transparent about the main characteristics of their services under Article 7 UCPD. Depending on the specific business model of the platform, different elements could be relevant for the consumer, such as the coverage of the platform’s offer (e.g. sectors and types of and number of suppliers), the frequency of updates of the information (in particular on the price and availability of products), how it selects the suppliers operating through it and whether and, if so, what checks it performs in relation to their reliability. Such information may enable consumers to understand that the availability of products and suppliers on the platform is not exhaustive and that they may find other offers using a different information channel. It will also help to avoid the risk of consumers being misled by listings marked as a ‘best deal’ or ‘recommended choice’. Promoting prices or products where the platform is reasonably aware of the fact that they are not actually available could be in breach of Articles 6 and 7 UCPD and, according to the circumstances, several provisions of the black list in Annex I to the UCPD, which prohibit, in all circumstances, bait advertising (point No 5), bait and switch (point No 6) and passing on materially inaccurate information on market conditions with the intention of inducing the consumer to acquire that product at conditions less favourable than normal market conditions (point No 18). Misleading statements about limited availability of a product may be in breach of Article 6(1)(b) of the UCPD. Where a platform allows consumers to purchase products together at a more favourable price (‘collective buying’ platforms), they should clearly inform the consumers about the characteristics and price of the offer and its supplier. In particular, the characteristics of the product/service obtained following a group purchase should not be inferior to those available at the regular price, unless consumers are clearly informed that this is the case. The conditions under which consumers can benefit from the product (e.g. minimum number of buyers, duration of the offer) should be clearly spelled out.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.