In short. EU E-Commerce Directive Article 6 requires identifiable commercial messages and promotional offers with easily accessible, clear qualifying conditions.
Definition: Under Article 6 of the EU E-Commerce Directive, a website's commercial communications must be recognisable and identify the person on whose behalf they appear. Promotional offers must be identifiable, with qualifying conditions that are easily accessible, clear and unambiguous.
Key facts
- Article 6(c) of the E-Commerce Directive expressly covers discounts, premiums and gifts, subject to their being permitted in the provider's Member State of establishment.
- The Commission's Your Europe guidance explains qualifying conditions as eligibility, campaign terms and restrictions.
- Article 7(5) and Annex II of the Unfair Commercial Practices Directive treat the E-Commerce Directive's commercial communication information requirements as material information.
What counts as a commercial communication?
As of 17 October 2026, Article 2(f) of the E-Commerce Directive defines a commercial communication as a message designed to promote goods, services or a business's image, directly or indirectly. The definition also covers organisations and people carrying on the activities specified in that article.
A domain name or email address allowing direct access to a business does not, by itself, constitute a commercial communication under Article 2(f). Independently compiled communications about goods, services or a business's image also fall within that article's exclusions, particularly when compiled without financial consideration.
What must the offer make clear?
Article 6(a) and (b) of the E-Commerce Directive require identification of both the commercial nature of the message and the natural or legal person on whose behalf it is made. Article 6(c) adds identification of the promotional offer and access to its qualifying conditions.
The Commission's Your Europe guidance makes those conditions concrete: the communication identifies who qualifies, who is excluded, the terms of participation and any restrictions.
Promotional competitions and games have their own provision in Article 6(d). Where permitted in the provider's Member State of establishment, they must be identifiable, and participation conditions must be easily accessible and presented clearly and unambiguously.
Can conditions be hidden or supplied later?
For consumer-facing promotions, Article 7(1) and (2) of the Unfair Commercial Practices Directive address omissions of material information and information presented unclearly or too late. The test considers the circumstances and whether the practice causes, or is likely to cause, an average consumer to make a transactional decision they otherwise would not make.
Article 7(3) takes account of space or time limitations in the communication medium and measures used to provide information by other means. Article 7(5), together with Annex II, expressly connects this material-information framework to Articles 5 and 6 of the E-Commerce Directive.
Related terms
- What information must a business website make directly accessible?
- What prior price must a shop show when announcing a discount?
FAQ
Does naming my business satisfy all the offer requirements?
Article 6 of the E-Commerce Directive also requires a recognisable commercial message and identifiable promotional offers with accessible, clear qualifying conditions.
Which conditions should I explain?
The Commission's Your Europe guidance identifies eligibility, exclusions, campaign terms and restrictions. For a competition or game, Article 6(d) of the E-Commerce Directive addresses participation conditions.
Does Article 6 permit every promotional game?
Article 6(d) of the E-Commerce Directive qualifies its transparency rule with whether the promotion is permitted in the provider's Member State of establishment. Article 22 requires Member States to implement the directive through national measures.
Sources
- EUR-Lex, "E-Commerce Directive 2000/31/EC", consolidated 17 February 2024
- European Commission, Your Europe, "Promoting a business online", last checked 12 July 2026
- EUR-Lex, "Unfair Commercial Practices Directive 2005/29/EC", consolidated 27 September 2026
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