Modernisation of information requirements for consumers on online tourism services market by Tatjana Josipović

o general information on the parameters79 determining the ranking of the product or service offered by different traders or by consumers (e.g. hotel accommodation offered by different hotels).80,81 The information should consist of two sets of mutually connected data. First, the provider of the online marketplace must describe the main parameters determining the ranking of products/services presented to the consumer as a result of the search query. Second, the relative importance of those parameters, as opposed to other parameters, must also be stated.82 The information must be available in a specific section of an online interface that is directly and easily accessible from the page where the query results are posted.83 Two obligations arise from this provision of the UCPD for providers of online marketplaces. The first obligation regards the content of information. The provider is obliged to provide only general information on the main parameters determining the ranking and their relative importance. However, providers of online marketplaces do not need to post all the parameters determining the ranking and they also do not need to explain the functioning of algorithms on which the ranking is based.84,85 A general description of the most important parameters will suffice. This description need not be presented in a customised manner for each individual search query.86 The second obligation regards the model of presentation of the main parameters. Information must be condensed, prominent and easily accessible. It must be directly connected with the results of the query and also easily accessible. The posted information must not be “hidden” on an online interface or within general terms of service.87 The information on parameters must be presented in a way so as to enable the consumer to have direct and easy access to it and and it must be accessible to consumers when they enter a search query.88 Indeed, the data on the parameters determining the ranking of products and their easy accessibility are of particular importance in the tourism sector. In most cases, consumers make their decisions on the selection of a tourism service, on the basis of rankings of various parameters. A higher rank, or a more prominent position of offers, are considered to have a significant impact on the consumers' decisions.89 In practice, however, problems may arise in relation to the assessment what information regarding parameters is considered as general information and which parameters are considered to be the ‘main parameters’. At the end of the day, the provider of the online marketplace decides on the following issues: o information about whether and how the trader ensures that the posted reviews originate from the consumers who have actually used or purchased the product (e.g. from consumers who already used travel services or short-rental accommodation services).90 However, the obligation of the provider of the online marketplace to check whether the posted reviews originate from the consumers who have actually used or purchased the product does not arise from the mentioned rule.91 The provider is only obligated to let the consumers know whether he checks the reviews, or not. Indeed, such information is already important for the consumer because on the basis of such information, the consumer can judge the reliability of reviews. Again, this is information of great importance precisely for the selection of tourism 79 The concept of “parameters” is defined in recital 22 of Omnibus Directive. “Parameters determining the ranking mean any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking,” (taken from recital 22, Omnibus Directive). 80 Art. 7/4a UCPD inserted by Art. 3 (4) (b), Omnibus Directive. It is expressly prescribed that this information is considered to be “material information” if the provider of the online marketplace provides consumers with the possiblity to search the products on the basis of a query in the form of a keyword, phrase or other input, irrespective of where transactions are ultimately concluded (Art. 7/4a UCPD). 81 By the introduction of transparency of the parameters determining the ranking in the UCPD, new transparency requirements are applied in C2B legal relations. The transparency requirements for the parameters in the relations between platforms and business users provided for in P2B Regulation are paralelly valid. 82 Art. 7/4a UCDP inserted by Art. 3 (4) (b) Omnibus Directive. 83 The obligation does not apply to providers of online search engines as defined in point (6) of Article 2 of P2B Regulation. 84 See Loos (2020), p. 415; Hiwatashi Dos Santos, G. (2020), p. 84. 85 Information requirements regarding parameters is thus aligned with Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. 86 See recital 23, Omnibus Directive. In this regard, there are differences in the content of information on parameters determining the ranking the provider must provide for the consumer and information on parameters which must be provided for business users under P2B Regulation. 87 See Hiwatashi Dos Santos, G. (2020), p. 89. 88 See Guidance on the interpretation and application of Directive 2005/29/EC, 2021, p. 91. 89 See recital 18, Omnibus Directive. 90 Art. 7/6 UCPD inserted by Art. 3 (4) (c), Omnibus Directive. 91 In that regard see also Duivenvoorde,B. (2019) p. 225.

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