sec_4_2_2__para__12 — COMMISSION NOTICE – Guidance on the interpretation and application of Directive…

sec_4_2_2para12

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 (and the CRD) provision specifies that the information about the status of the third party supplier should be based on a declaration of that supplier that the online marketplace then transmits to the consumer. Therefore, the online marketplace may rely primarily on the declaration provided by the third party supplier. This approach is in line with the prohibition on imposing general monitoring obligations on online intermediaries under the e-Commerce Directive, to the extent the relevant provisions of the e-Commerce Directive apply to the online marketplace. At the same time, it is without prejudice to the marketplace’s obligations regarding illegal content, such as acting on the basis of a notice making the platform aware of specific fraudulent offers by traders (344).

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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.