§4.2 Digital sector

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 Directive has a broad scope of application as it covers the totality of business-to-consumer transactions, whether offline or online. It is technology-neutral and applies regardless of the channel, medium or device used to implement a business-to-consumer commercial practice. It applies to online intermediaries, including social media, online marketplaces and app stores, search engines, comparison tools (337) and various other traders operating in the digital sector. The Directive applies also to practices and products that involve the use of technologies such as algorithms, automated decision-making and Artificial Intelligence (AI). This includes all business-to-consumer practices taken by traders towards consumers in the advertising, sales and after-sales phases, such as the use of tracking and targeting technologies, algorithmic personalisation, dynamic optimisation and distributed ledger technologies.

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