MODERNISATION OF INFORMATION REQUIREMENTS FOR CONSUMERS Article 2 (n) UCPD that the rules on unfair business practices apply to all providers of online marketplaces regardless of whether consumers conclude distance contracts with other traders or consumers. The provider’s obligations on the online marketplace regarding business practices do not change based on the capacity in which a third person enters into a distance contract with the consumer. This rule also applies when consumers on online marketplaces enter into contracts on tourist services with a trader or with another consumer (B2C or C2C contracts). To protect a consumer from unfair business practice regarding information duties, it is sufficient that the providers of online marketplaces have the status of traders in accordance with Article 2 (b) UCDP.65 The status of the third party, who the consumer enters into a contract with, is not essential for the protection of consumers from unfair business practices of the providers of online marketplaces. Such extension of the protection of consumers from unfair business practices is of special importance for ensuring the corresponding level of information for consumers, as private persons, when entering into contracts on tourism services (e.g. short-term accommodation services). These contracts are mostly made on online marketplaces. Although the consumers then do not have the protection arising from the EU consumer contract law, they will at least be protected from unfair business practices of the providers of online marketplaces. This will ensure a certain level of information on the essential elements for making a decision on entering into a short-term contract with another consumer on the online marketplace. If other prerequisites referred to in Article 7 of the UCPD are met, the nontransparent presentation of particular information important for the selection of an offer for accommodation (e.g. general information on the main parameters determining the ranking) will be considered as misleading omission or prohibited unfair commercial practice.66 The transparency of the online market and the level of information with the consumers are enhanced by the extention of the catalogue of the so-called material information67 whose omission in the communication between the provider of the 65 UPCD in Art. 2 (b) defines ‘trader’ as any natural or legal person who, in commercial practices covered by this Directive, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader. A list of the criteria for the assessment whether a person may be considered as a trader pursuant to Art. 2 (b) UCPD is published in Guidance on the interpretation and application of Directive 2005/29/EC, 2021, p. 27. 66 See Art. 7/4a UCPD added by Art. 3 (4) (b) Omnibus Directive. 67 “Material information”, in accordance with Art. 7/1 UCPD, is considered as “information that the average consumer needs, according to the context, to take an informed transactional decision and thereby causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise.”
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