What Are the Obligations for Online Stores and Why Compliance Is No Longer Optional
What Is the Omnibus Directive?
Directive (EU) 2019/2161, known as the Omnibus Directive, is part of the EU’s “New Deal for Consumers” and aims to strengthen consumer protection in the digital environment. The Directive has been in effect since May 2022, and it has already been transposed into Bulgarian law.
Important: There are no new changes to the Directive in 2025, but institutional enforcement is increasing—especially for online stores and platforms.
What Must Every Online Store Do Under the Omnibus Directive?
1. Clear and Transparent Presentation of Discounts
- When announcing a discount, you must indicate the lowest price at which the product was sold in the last 30 days.
Example:
“Previous price: BGN 120 / Lowest price in the last 30 days: BGN 100 / New price: BGN 85”
Goal: To prevent fake or misleading discounts.
2. Verification and Transparency of Customer Reviews
- If you publish reviews and ratings, you must clearly state whether they have been verified, i.e., whether they come from actual consumers.
- The trader is liable if they present reviews as authentic without being able to prove it.
3. Notification of Personalized Prices
- If you use algorithms or systems that offer different prices to different users based on their online behavior, you must explicitly inform the customer about this.
Example: “The price is personalized based on your activity on our site.”
4. Seller Disclosure on Marketplace Platforms
- If you manage an online marketplace, you must indicate whether the seller is a trader or a private individual.
- It must be clear who is responsible in cases of returns, complaints, and other consumer rights.
What Happens If the Rules Are Not Followed?
- The Consumer Protection Commission (CPC) is already carrying out inspections, including in response to reports from competitors and customers.
- Fines can reach up to 4% of the company’s turnover or a fixed amount for smaller breaches.
- You risk public reputational damage and loss of customer trust.
What the Directive Does Not Require (But Is a Good Practice)
- You are not required to verify every customer, but if you publish reviews, you must have an internal systemensuring their authenticity.
- ESG reporting is not mandatory unless you fall under the CSRD scope—but transparency and ethical sales practices are increasingly seen as part of sustainable business conduct.
How to Prepare?
- Conduct a site audit—from reviews to the presentation of discounts
- Add specific clauses to your Terms & Conditions and Consumer Protection Policy
- Train your marketing team and establish internal procedures for launching campaigns
In Summary:
The Omnibus Directive is not just another EU regulation—it is a milestone standard for fairness in e-commerce. Its enforcement is now real and ongoing, and non-compliance brings tangible consequences.
Need Support?
IVANOVA Legal Solutions offers a website compliance audit, assistance with Terms of Use, review verification policies, discount compliance, and other practices under the Omnibus Directive.
Contact us to protect your business and stay aligned with EU legislation.
