§1.2.8 Interplay with the e-Commerce Directive

COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

The e-Commerce Directive (77) applies to information society services, which will normally include the services provided by operators of websites and online platforms which allow consumers to buy a good or service. Article 5 of the e-Commerce Directive lays down general information requirements for service providers, while Article 6 lays down information to be provided in commercial communications. The information requirements set out in these two articles are of minimum nature. Article 6 in particular requires Member States to ensure that traders clearly identify promotional offers, such as discounts, premiums and gifts, where permitted in the Member States where the service provider is established, and the conditions to qualify for such promotional offers. The Commission published on 15 December 2020 proposals for a Digital Services Act (78) (DSA) and for a Digital Markets Act (79) (DMA). The DSA aims to update and extend the rules on ecommerce and platforms in the EU, and the DMA aims to impose additional obligations on certain services operated by so-called gatekeepers (80).

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