Omnibus Directive: 4% revenue sanctions for non-compliant ecommerce

Key data

If your company sells online or manages a marketplace, the Omnibus Directive already affects you and the obligations are in force. The corrigendum published on September 3, 2026 under the reference CELEX:32019L2161R(01) does not change the substantive framework: it adjusts technical-formal aspects of the text of the Directive (EU) 2019/2161, originally published in the Official Journal L 328 of December 18, 2019.

What is relevant for your business is not the corrigendum itself, but confirming that the substantive obligations of the Omnibus Directive are fully in force and that consumer protection authorities in each Member State can impose sanctions of up to 4% of your annual revenue if you do not comply.

What does this regulation establish?

The Omnibus Directive modernized four key consumer protection directives in the EU. The corrigendum does not modify any substantive obligation, but this is the time to review whether your company complies with everything the original regulation already requires.

The four obligations with the greatest operational impact for ecommerce are:

• Discounts based on the lowest price in the previous 30 days: if you advertise a reduction, you must indicate the lowest price you have applied in the previous month, not the list price.
• Verified reviews: if you publish customer ratings, you must ensure they come from actual buyers and communicate how you verify this.
• Transparency in digital marketplaces: operators must inform whether the seller is a professional or a private individual, and how search results are ordered.
• "Free" digital service contracts: when the user "pays" with their personal data, the same withdrawal and cancellation rights apply as in paid contracts.

Economic and operational impact

The impact is not just legal: it is operational and reputational. Companies that have not adapted their pricing systems, review management, and digital contracts are exposed to three types of consequences:

• Economic sanctions: up to 4% of annual revenue in each Member State where the company operates. If you sell in multiple EU countries, the sanction can accumulate by jurisdiction.
• Technology adaptation costs: pricing management systems must record and display the 30-day history. This involves changes to ecommerce platforms, ERPs, and marketing tools.
• Reputational risk: consumer protection authorities can publish sanctions, which directly affects consumer trust and store conversion.

Complaint management is also affected: internal processes must be adapted to address new consumer rights in digital contracts, including apparently free services.

Who does it affect?

• E-commerce stores operating in one or more EU countries and conducting promotions or discounts.
• Digital marketplaces that intermediate between sellers and end consumers (Amazon, Etsy, proprietary platforms, etc.).
• Companies with "free" digital services financed with user personal data (apps, consumer SaaS platforms, freemium streaming services).
• Any business with online sales that publishes customer reviews or ratings on its website or app.
• CFOs and operations directors who must validate regulatory compliance of their digital sales channels.
• Legal advisors and ecommerce consultants who support companies in their regulatory adaptation.

Practical example

Imagine a Spanish online electronics store that launches a "Black Friday" campaign with a 30% discount on the "original price" of a television. Before the Omnibus Directive, it could set that original price freely. Now, it must indicate the lowest price at which it sold that television in the 30 days prior to the promotion.

If the television sold for €400 three weeks ago and is now priced at €350 with a "30% discount on €500", that is a sanctionable unfair commercial practice. The correct reference is €400, and the actual discount is 12.5%.

If this store invoices 5 million euros annually in Spain and the consumer protection authority detects the breach, the sanction can reach up to €200,000 (4% of 5 million). If it also operates in France and Germany with the same practice, the sanction can triple.

What should companies do now?

1. Audit the pricing and discount system: verify that the ecommerce platform records and displays the lowest price in the last 30 days as reference in any promotion.
2. Review the review policy: implement a verifiable process that published ratings come from actual buyers and inform consumers of this.
3. Update digital service contracts: if you offer "free" services in exchange for personal data, include withdrawal and cancellation rights equivalent to paid contracts.
4. Review general terms and conditions to eliminate unfair clauses in accordance with the updated Directive 93/13/EEC.
5. Train the marketing and legal team on the new rules for communicating prices and promotions to avoid errors in future campaigns.
6. Document compliance: maintain records of price history and review verification process, as authorities may request them during an inspection.

Official source

Consult complete regulation in official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:32019L2161R(01)