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Additional information requirements for distance contract concluded on online marketplace
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107. (1) Before the consumer is bound by a distance contract or any corresponding offer on an online marketplace, the provider of the online marketplace shall, without prejudice to the provisions of Parts 3 and 4 of the Act of 2007, provide the following information to the consumer in plain and intelligible language and in a way appropriate to the means of distance communication used:
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(a) general information on the main parameters determining the ranking of offers presented to a consumer as a result of a search query and the relative importance of those parameters as opposed to other parameters;
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(b) whether the third party offering the goods, service, digital content or digital service is a trader or not, on the basis of the declaration of that third party to the provider of the online marketplace;
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(c) where the third party offering the goods, service, digital content or digital service is not a trader, that the consumer rights arising from European Union consumer protection law do not apply to the contract;
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(d) information on how any obligations relating to the contract are shared between the third party offering the goods, service, digital content or digital service and the provider of the online marketplace.
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(2) (a) The information to be provided by the provider of the online marketplace under subsection (1)(a) shall be made available in a specific section of the online interface that is directly and easily accessible from the page where the offers are presented.
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(b) The information to be provided by the provider of the online marketplace under subsection (1)(d) shall be without prejudice to any responsibility that the provider of the online marketplace or the third party trader has in relation to the contract under European Union and national law other than consumer protection law.
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(3) In subsection (1)(a), “ranking” means the relative prominence given to goods, services, digital content or digital services as presented, organised or communicated by the provider of the online marketplace, irrespective of the technological means used for such presentation, organisation or communication.
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(4) A provider of an online marketplace who contravenes subsection (1) commits an offence.
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(5) In this section—
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“online marketplace” means a service using software (including a website, part of a website or an application) operated by or on behalf of a trader which allows a consumer to conclude distance contracts with other traders or consumers;
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“provider of an online marketplace” means any trader who provides an online marketplace to consumers.
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