MODERNISATION OF INFORMATION REQUIREMENTS FOR CONSUMERS The Omnibus Directive expressly extended the scope of application of the UCPD to include the digital market. The concept of ‘product’ was redefined to include both the digital content and digital services.57 Furthermore, the personal scope of application of the UCPD was also extended. The rules on the prohibition of unfair commercial practices applied also to providers of online marketplaces.58 The extension of the scope of application of the UCPD to providers of online marketplaces required the codification of the new unfair commercial practices specific for the services on the online marketplace.59 The catalogue of material information in cases of invitation to purchase (Article 7 UCPD) was also amended to be aligned with the providers’ obligations to inform consumers on online marketplaces about the status of a third party offering a product and about the main parametars determining the ranking of products and the origin of reviews.60 The catalogue of definitions in Article 2 of the UCPD also had to be extended to include the concepts used to inform the consumers on online marketplaces, such as, for example, the definition of the concept of ‘ranking’ 61 Finally, the black list of commercial practices was extended to include also those that were in all circumstances considered as unfair (Annex I, UCPD).62 Again, these were mostly unfair business practices resulting from the violation of information duties of the providers of online marketplaces. The catalogue was extended to specifically include business practices resulting from the violation of information duties of the providers of online marketplaces. One of the main goals of the extension of the protection of consumers against unfair business practices on online marketplaces has been to enhance the level of information for consumers and increase the transparency of the online market, including the online tourism services market. In that regard, the inclusion of 57 See Art. 3 (1) (a) Omnibus Directive replacing former Art. 2 (c) UCPD. Art. 2 (c) UCPD lays down that ‘product’ means any good or service including immovable property, digital service and digital content, as well as rights and obligations. 58 See Art. 3 (1) (b) Omnibus Directive whereby a new Art. 2 (n) UCPD was added. 59 See Art. 3 (3) (4) Omnibus Directive amending Arts 6 and 7 UCDP, See Art. 3 (7) Omnibus Directive amending Annex I, UCDP. 60 See Art. 3 (4) Omnibus Directive amending Art. 7/4 and new paras 7/4 a and 7/6 UCPD added to Art. 7. 61 Pursuant to new Art. 2 (m) UCPD, ‘ranking’ means the relative prominence given to products, as presented, organised or communicated by the trader, irrespective of the technological means used for such presentation, organisation or communication.” New Art. 2 (m) UCPD is inserted by Art. 3 (1) (b) Omnibus Directive. The new Art. 6a CRD also refers to such a definition of ‘ranking’ CRD. It provides for additional specific information requirements for contract concluded on the online marketplace. See Art. 4 (4) Omnibus Directive by which the new Art. 6a is inserted in CRD. The concept of ‘ranking’ is additionally interpreted in recital 19, Omnibus Directive. 62 See Art. 3 (7) Omnibus Directive by which new points 11a, 23/a, 23/b, 23/c are inserted in Annex I UCPD.
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