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Implementing the “Omnibus” Directive for Online Marketplaces

Introduction to the New Information Requirements

The “Omnibus” Directive 2019/2161 introduces specific information requirements for contracts concluded on online marketplaces. This guide is designed to help online marketplace providers understand and implement these requirements effectively to ensure compliance.

The “Omnibus” Directive: Key Information Requirements

Before a consumer is bound by a distance contract, or any corresponding offer, on an online marketplace, providers of online marketplaces must present certain information in a clear and comprehensible manner, appropriate to the means of distance communication used. If you are an online marketplace provider and consumers are targeted, here’s what you need to provide:

  1. Parameters Determining Ranking of Offers: Provide general information in a specific section of the online interface that is directly and easily accessible from the page where offers are presented. This information should detail the main parameters that determine how offers are ranked in response to a consumer’s search query and the relative importance of these parameters compared to others.
  2. Trader Identification: Indicate whether the third party offering the goods, services, or digital content is a trader or not. This should be based on the declaration of that third party to the provider of the online marketplace.
  3. Consumer Rights Applicability: Clearly state that if the third party is not a trader, then consumer rights under Union consumer protection law do not apply to the contract.
  4. Shared Obligations: Where applicable, outline how the obligations related to the contract are shared between the third party and the online marketplace provider. This information should be provided without affecting any responsibility that the provider of the online marketplace or the third-party trader has under other Union or national laws.

Additional Guidance with iubenda

To help integrate these requirements seamlessly:

  • Tool Support: Within our generator simply select the appropriate clauses related to your business model, and the generated Terms & Conditions will align with the directive’s requirements.
  • Customization Features: For specifics that cannot be automatically generated due to the unique aspects of your website, app, or business, iubenda’s custom templating feature is available. Contact our support team to access this service.
For more information on how to create your terms of use for your site/app

🚀 Read our guide on How to Generate a Terms and Conditions document

This guide aims to assist you in understanding and implementing the necessary changes to your online marketplace to comply with the latest the “Omnibus” Directive, ensuring a smoother, more transparent shopping experience for your consumers.

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