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 online marketplaces in the UCPD should, in various ways, contribute to increased transparency of the online market. All UCPD provisions on unfair business practices apply to operators of online marketplaces who, in accordance with the UCPD, are considered as traders, and their acting is considered as commercial practice under the UCPD.63 The providers of online marketplaces on which the consumers conclude distance contracts, have all the obligations arising for traders according to the UCPD, including the obligations to inform which are of particular importance for fair commercial practices. When it comes to business practices taking place on online marketplaces, consumers are offered a twofold protection which may contribute to their being better informed. On the one hand, they are protected in their relationships with the providers of online marketplaces regarding their own commercial practices when offering services on online marketplaces. This protection is provided with regard to previously regulated unfair commercial practices, as well as with regard to new business practices typical for online marketplaces. On the other hand, consumers continue to be protected against business practices of third parties who, as traders, use online marketplaces for the promotion and placement of their products and services and who, at the end of the day, enter into contracts on tourism services with consumers.64 By the extension of the scope of the UCPD to online marketplaces, the application of this Directive does not exclude traders who offer their products and services on online marketplaces. In the context of tourism services offered via online marketplaces, this means that the rules on the prohibition of unfair commercial practices, including the rules on the prohibition of false information, or misleading omission of information, apply both to the providers of online marketplaces and to commercial providers of tourist services. The UCPD rules on consumer protection against unfair business practices on online marketplaces, connected with nontransparent information on the part of the provider, apply regardless of who is the third party with whom a consumer enters into a distance contract on the online marketplace (trader or another consumer). It arises from the definition of ‘online marketplace’ referred to in Article 2 (n) UCPD that the rules on unfair business practices apply to all providers of online marketplaces regardless of whether consumers conclude 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. 63 See Duinvenvoorde, B. (2022), p.47; Narciso, M. (2022b) p. 148. 64 See Narciso, M. (2022b) p. 150. See Guidance on the interpretation and application of Directive 2005/29/EC, 2021, p. 87. Therefore, platforms should design their interfaces in the way which will enable traders, as third parties, to inform consumers in line with the UCPD requirements and other EU rules on informing consumers. See Guidance on the interpretation and application of Directive 2005/29/EC, 2021, p. 89; see ibid, p.149.
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