In short. Annex I point 11a requires clear disclosure of paid advertisements and payments specifically for higher ranking in consumer search results.
Definition: Yes. Under Annex I point 11a of the EU Unfair Commercial Practices Directive, providing results for a consumer's online search without clearly disclosing paid advertisements or payments specifically for higher product placement is a prohibited unfair commercial practice. Ranking means the relative prominence given to products.
Key facts
- As of 17 October 2026, the consolidated Unfair Commercial Practices Directive lists undisclosed paid search placement in Annex I point 11a; Article 5(5) treats listed practices as unfair in all circumstances.
- The European Commission's interpretation guidance, section 4.2.3, applies point 11a to traders offering product searches, including search engines.
- Directive (EU) 2019/2161, recital 20, identifies increased commission per transaction as a possible indirect payment specifically for higher ranking.
Which searches and results does the rule cover?
The Unfair Commercial Practices Directive, Article 3(1), covers business-to-consumer commercial practices before, during and after a commercial transaction. Article 2(c) defines a product to include goods, services, digital services and digital content. Article 2(m) defines ranking by the relative prominence given to products, irrespective of the technology used to present, organise or communicate them.
The Commission guidance explains that the disclosure concerns products, websites or trader URLs paid for inclusion in results, as well as results whose ranking is influenced by direct or indirect payments. It describes advertisements as listings inserted above or within natural results that would otherwise be absent under the applicable objective search criteria.
Which payments count?
Recital 20 of Directive (EU) 2019/2161 covers direct and indirect payments. An indirect payment can involve accepting additional obligations towards the search provider where higher ranking is their specific effect. Increased transaction commissions and other compensation arrangements can also qualify when they specifically lead to higher ranking.
The same recital excludes general listing fees or membership subscriptions covering a broad range of functions, provided those payments are not dedicated to higher ranking. It identifies online marketplaces, search engines and comparison websites as possible providers of online search functionality.
Where must the disclosure appear?
The Commission guidance calls for clear, prominent identification immediately beside the relevant result. The disclosure must stand out visually from the surrounding interface so that a consumer viewing the result cannot avoid noticing it.
Where payments specifically for higher ranking influence all displayed results, the guidance allows a single clear and prominent statement on the results page. That statement is additional to general information about ranking parameters.
Separately, Article 7(4a) of the directive treats information about the main ranking parameters and their relative importance as material for covered product-search services. It requires a specific interface section directly and easily accessible from the results page. That paragraph excludes online search engines as defined in Regulation (EU) 2019/1150, Article 2(6).
Related terms
- What ranking information must an online comparison service disclose?
- DSA advertising transparency
- AI search advertising labels
FAQ
Can I sell higher placement in search results?
Yes. The Commission guidance says point 11a permits paid advertisements and paid higher ranking, with clear disclosure to consumers.
Can I put the explanation only in a general ranking information page?
The same guidance requires prominent disclosure beside the affected result. Its alternative for payments influencing all displayed results is a prominent statement on the results page, additional to general ranking information.
Does the search-engine exclusion remove the paid-placement rule?
Article 7(4a) contains the exclusion for online search engines. The Commission guidance expressly includes search engines within Annex I point 11a's paid-placement disclosure rule.
Sources
- 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
- European Parliament and Council, "Directive (EU) 2019/2161", 27 November 2019
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