In short. Missing, hidden, unclear or late material information can be a misleading omission when it causes or is likely to cause a consumer decision that would otherwise differ.
Definition: A misleading omission occurs when a business leaves out information that the average consumer needs for an informed decision and thereby causes, or is likely to cause, a decision the consumer would otherwise avoid. Hiding that information or presenting it unclearly or too late can also qualify.
Key facts
- Article 7(1) of the Unfair Commercial Practices Directive, consolidated on 28 May 2022 makes the assessment depend on the factual context and the communication medium.
- As of 17 October 2026, Article 7(5) of the 27 September 2026 consolidation treats EU information requirements concerning commercial communication as material.
- The European Commission's guidance, section 2.9.4, says a product's full price and main characteristics should be prominently displayed.
What makes information material?
Material information is information the average consumer needs, in context, to make an informed transactional decision. A transactional decision includes whether and on what terms to buy, pay, retain a product or exercise a contractual right, under Article 2(k) of the Directive. Article 3(1) covers business-to-consumer practices before, during and after a transaction.
The assessment connects the missing information to its likely effect on that decision. The Commission's guidance, section 2.4, explains that an actual change in consumer behaviour need not be demonstrated: the practice's likely impact is sufficient.
What information belongs in a product offer?
An invitation to purchase is a commercial communication presenting product characteristics and a price in a way that enables a purchase, under Article 2(i). Article 7(4) of the current consolidation identifies information that is material unless already apparent from the context:
- The product's main characteristics, to an extent appropriate to the medium and product.
- The trader's identity and geographical address, including those of a trader on whose behalf the business acts, where applicable.
- The tax-inclusive price or its calculation method where advance calculation is unreasonable, plus applicable freight, delivery or postal charges, or notice that such charges may apply where they cannot reasonably be calculated in advance.
- Payment, delivery and performance arrangements where they depart from professional diligence, meaning the expected standard of skill and care towards consumers under Article 2(h).
- The existence of a withdrawal or cancellation right where the transaction involves one.
- For marketplace offers, whether the seller is a trader, based on the seller's declaration to the marketplace.
The Commission's guidance, section 2.9.5, explains that an invitation to purchase can exist without an immediate opportunity to buy. It gives the example of an airline website displaying flight offers and prices.
Can information elsewhere on the website be sufficient?
Article 7(3) of the Directive requires consideration of space or time limitations and measures taken to supply information by other means. Article 7(2) also covers unclear, unintelligible, ambiguous or untimely information, and undisclosed commercial intent where that intent is not apparent from context.
The Commission's guidance, section 2.9.3, describes a court finding that reproducing a full government decree, including irrelevant provisions, failed to explain withdrawal conditions clearly. Section 4.2.7 also identifies visually obscured information and ambiguous interface language as practices that can fall under Article 7.
Related terms
- What trader contact details must an online shop display before purchase?
- What must a marketplace disclose about a seller's trader status?
- What must a shop explain about how it verifies customer reviews?
FAQ
Can putting information in my terms and conditions be enough?
Placement in terms still requires assessment for clarity and timing under Article 7(2). The Commission's guidance, section 2.9.4, describes a credit-card promotion whose important restrictions appeared only in contract terms; the court considered that insufficient.
Does Article 7 apply only when a customer completes a purchase?
Article 2(k) of the Directive includes decisions to act or refrain from acting and decisions about exercising contractual rights. Article 7(1) includes likely effects on a decision.
Sources
- European Parliament and Council, "Unfair Commercial Practices Directive", consolidated 28 May 2022
- European Parliament and Council, "Unfair Commercial Practices Directive", consolidated 27 September 2026
- European Commission, "Guidance on the interpretation and application of Directive 2005/29/EC", 29 December 2021
Check how a page reads to answer engines. Open the GEO score analyzer