eCommerce Directive

Article 6

Information to be provided

In addition to other information requirements established by Community law, Member States shall ensure that commercial communications which are part of, or constitute, an information society service comply at least with the following conditions:

(a) the commercial communication shall be clearly identifiable as such;

(b) the natural or legal person on whose behalf the commercial communication is made shall be clearly identifiable;

(c) promotional offers, such as discounts, premiums and gifts, where permitted in the Member State where the service provider is established, shall be clearly identifiable as such, and the conditions which are to be met to qualify for them shall be easily accessible and be presented clearly and unambiguously;

(d) promotional competitions or games, where permitted in the Member State where the service provider is established, shall be clearly identifiable as such, and the conditions for participation shall be easily accessible and be presented clearly and unambiguously.

Holdings

C-100/2415 May 2025

Verbraucherzentrale Hamburg e.V. v bonprix Handelsgesellschaft mbH

Article 6(c) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')

must be interpreted as meaning that the concept of 'promotional offer', within the meaning of that provision, covers an advertising message appearing on the website of an undertaking active in online trading and referring to a particular payment arrangement, in so far as that undertaking procures for the recipient of that message an advantage which is objective, certain and capable of influencing his or her behaviour in the choice of goods or services.