implementing them in so far as this does not restrict the freedom to provide information society services". This means that the e-Commerce Directive and relevant EU consumer acquis apply in principle in a complementary manner. From a UCPD perspective, whenever an online platform can be considered a "trader" in the sense of the UCPD (Article 2(b) UCPD) it is required to act with a degree of professional diligence (Article 5(2) UCPD), commensurate to its specific field of activity (Article 2(h) UCPD) and not to mislead their users/consumers by either action or omission (particularly with reference to Articles 6(1)(f) and 7(1) and (2) UCPD). Platforms which are considered "traders", should take appropriate measures which – without amounting to a general obligation to monitor or carry out (see Article 15(1) e-Commerce Directive) – enable relevant third party traders to comply with EU consumer and marketing law requirements and users to clearly understand with whom they are possibly concluding contracts. For example, such measures could imply: Enabling relevant third party traders to clearly indicate that they act, the platform users, as traders; Clearly indicating to all platform users that they will only benefit from protection under EU consumer and marketing laws in their relations with those suppliers who are traders; Designing their web-structure in a way that enables third party traders to present information to platform users in a way that enables third party traders to comply with EU marketing and consumer law – in particular, information required by Article 7(4) UCPD in the case of invitations to purchase. If on-line intermediaries falling within the scope of the UCPD fail to comply with such professional diligence requirements or otherwise promote, sell or supply a product to users in an unfair manner, they can be found in breach of EU consumer and marketing law – and cannot invoke the intermediary liability exemption under the Directive as far as their own failures are concerned, considering that that exemption relates only to illegal information stored at the request of third parties. The following sections deal with additional issues of compliance with UCPD requirements which take into account the specific business models developed by the different kinds of on-line platforms which have so far emerged.
implementing them in so far as this does not restrict the freedom to provide information society services". This means that the e-Commerce Directive and relevant EU consumer acquis apply in principle in a complementary manner. From a UCPD perspective, whenever an online platform can be considered a "trader" in the sense of the UCPD (Article 2(b) UCPD) it is required to act with a degree of professional diligence (Article 5(2) UCPD), commensurate to its specific field of activity (Article 2(h) UCPD) and not to mislead their users/consumers by either action or omission (particularly with reference to Articles 6(1)(f) and 7(1) and (2) UCPD). Platforms which are considered "traders", should take appropriate measures which – without amounting to a general obligation to monitor or carry out (see Article 15(1) e-Commerce Directive) – enable relevant third party traders to comply with EU consumer and marketing law requirements and users to clearly understand with whom they are possibly concluding contracts. For example, such measures could imply: Enabling relevant third party traders to clearly indicate that they act, the platform users, as traders; Clearly indicating to all platform users that they will only benefit from protection under EU consumer and marketing laws in their relations with those suppliers who are traders; Designing their web-structure in a way that enables third party traders to present information to platform users in a way that enables third party traders to comply with EU marketing and consumer law – in particular, information required by Article 7(4) UCPD in the case of invitations to purchase. If on-line intermediaries falling within the scope of the UCPD fail to comply with such professional diligence requirements or otherwise promote, sell or supply a product to users in an unfair manner, they can be found in breach of EU consumer and marketing law – and cannot invoke the intermediary liability exemption under the Directive as far as their own failures are concerned, considering that that exemption relates only to illegal information stored at the request of third parties. The following sections deal with additional issues of compliance with UCPD requirements which take into account the specific business models developed by the different kinds of on-line platforms which have so far emerged.