§1.2 Traders concerned

The PID applies to the trader, defined in Article 2(d) as ‘any natural or legal person who sells or offers for sale products which fall within his commercial or professional activity’. The new Article 6a therefore applies to the trader who is the actual party in the contract with the consumer, i.e. to the seller of the goods, including sellers using intermediaries, in particular online marketplaces. In contrast, Article 6a does not apply to the intermediaries that provide the mere means for traders to sell their products (13), such as online marketplaces, or that merely aggregate and display information about the prices provided by other sellers (price comparison platforms). These intermediaries remain subject to the general rules on intermediary liability and professional diligence obligations. The intermediary is, however, subject to the PID rules when it is the actual seller of the goods or when it sells on behalf of another trader. For the same reason, Article 6a does not apply to ‘cash-back’ announcements whereby third parties, which are not sellers of the goods, such as manufacturers/distributors, promise the consumers who have purchased the good(s) in question, to refund part of the price paid, at the consumers’ individual request and during a certain period. Such ‘cash-back’ practices remain subject to the UCPD and must not be used to circumvent the requirements of the PID for price reduction announcements. Article 6a applies also to traders based outside the EU that direct their sales to EU consumers, including to traders offering goods via platforms. The applicability of the PID to non-EU traders is regulated by Regulation (EC) No 864/2007 of the European Parliament and of the Council (14) on the law applicable to non-contractual obligations (Rome II). This regulation applies ‘in situations involving a conflict of laws, to non-contractual obligations in civil and commercial matters’. Article 6(1) of the Rome II Regulation: The law applicable to a non-contractual obligation arising out of an act of unfair competition shall be the law of the country where competitive relations or the collective interests of consumers are, or are likely to be, affected. Article 6(4) of the Rome II Regulation: The law applicable under this Article may not be derogated from by an agreement pursuant to Article 14. When the conditions of Article 6(1) of the Rome II Regulation are fulfilled, the PID will be applicable to cases of infringement that harm the collective interests of EU consumers. Pursuant to Article 6(4) of the Rome II Regulation, the applicable law may not be derogated from by a choice-of-law agreement. National authorities will be in charge of enforcing these rules. Where needed, they will be able to use their investigation and enforcement powers under Regulation (EU) 2017/2394 of the European Parliament and of the Council (15) on consumer protection cooperation.

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