Selling online to EU consumers brings specific duties under the Consumer Rights Directive (2011/83/EU), the Unfair Commercial Practices Directive (2005/29/EC) and the Omnibus Directive ((EU) 2019/2161), which has applied since 28 May 2022.
Before the order
Consumers must get clear information before they are bound (Consumer Rights Directive, Article 6), including:
- The main characteristics of the product or service.
- Your identity, geographic address and contact details.
- The total price including taxes, and any delivery or extra charges.
- Payment, delivery and performance arrangements.
- The right of withdrawal, its conditions and the model withdrawal form.
- The legal guarantee and any after-sales service.
- For online marketplaces: whether the seller is a trader or a private individual, and how offers are ranked.
The order button
The button that places the order must make clear that the customer will have to pay, for example "Order with obligation to pay" or "Buy now" (Article 8(2)). If it does not, the consumer is not bound by the order.
The 14-day right of withdrawal
For most distance contracts, consumers can cancel within 14 days without giving a reason (Article 9). For goods the period starts when they receive them. If you do not inform them about this right, the period is extended by up to 12 months. Refund within 14 days of cancellation, using the same payment method. Exceptions exist, for example for personalised goods, perishable goods and sealed hygiene products once unsealed.
Prices and promotions
- Price reductions: an announced reduction must show the prior price, meaning the lowest price you applied in the 30 days before the reduction (Price Indication Directive 98/6/EC, Article 6a, added by the Omnibus Directive).
- Personalised prices: tell consumers when a price was personalised by automated decision-making.
- No drip pricing: unavoidable fees belong in the price shown upfront.
Unfair commercial practices
Misleading and aggressive practices are banned, as is everything on the Directive's blacklist (Annex I): fake "only today" countdowns, false free offers, and invented scarcity. Fake reviews were added to that list in 2022.
Since the Omnibus Directive, authorities can fine widespread infringements up to at least 4% of the trader's annual turnover in the member states concerned, or 2 million euros where turnover information is not available.
This guide is general information about EU rules, not legal advice. Requirements can differ by country and by business: check with your data protection authority or a lawyer for your case.