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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 UCPD applies to the commercial practices of the platform and of the traders using the platform to promote their products to the consumers. Given that the UCPD only applies in B2C situations, the first step in assessing its application to an online platform provider should be to evaluate whether it qualifies as a ‘trader’ or ‘acting in the name of or on behalf of a trader’ under Article 2(b) UCPD. According to a case-by-case assessment, a platform provider may be acting for purposes relating to its business whenever, for example, it charges a commission on the transactions between suppliers and users, provides additional paid services or draws revenues from targeted advertising.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.