Ref. Ares(2022)5123950 - 14/07/2022
The redacted parts and pages 1, 2, 3, 4, 5, 6,
7, 8, 11, 12, 16, 17, 18, 19, 20, 21 are out of
the scope of the request.
Digital markets
a) Online platform checks
The CPC network initiated a record number of joint actions on different practices carried out by big online
platforms.
CPC authorities performed thorough platform checks on online marketplaces, search engines, social
media and entertainment platforms, dating platform as well as travel booking platforms. All the named
platforms have cooperated with the CPC network in a positive manner:
¾
AliExpress, a popular low-cost online marketplace, made EU-wide commitments to ensure that
its practices as well as those of its traders respect EU consumer law. In particular, this concerns
clear and transparent information on the right of withdrawal, the identity of the seller, how
products are ranked in search results on the website and the two-year legal conformity guarantee
applicable under EU law. AliExpress also committed to revisit its terms of service and to better
inform consumers on how to complain or take action against sellers.
¾ The CPC authorities reached out to
Google requesting more transparency (on its business model,
search results and reviews policy) and more clarity on prices and essential pre-contractual
information that Google provides to consumers in its various services (Google Hotels and Flights,
Google Store, Google Play, Google Search and Ads).
¾ The CPC network has also started a dialogue with
TikTok, the most popular social media and
entertainment service provider in 2021 in terms of new downloads25. CPC authorities requested
TikTok to make improvements in relation to its business operation related to advertising practices
and labelling of commercial content (paid adverts and influencers), personalisation and targeted
marketing aimed at a young audience, and its internal policies on the virtual items available for
users on the platform to express appreciation of video content published by other users. This
dialogue was triggered by an external alert of the European Consumer Organisation BEUC26.
¾ The dating platform
Parship has improved the information displayed on its website regarding
users’ right of withdrawal and automatic renewal of contracts. Following these changes,
consumers are now better informed of the cost of subscribing to Parship services.
¾ The
Expedia Group committed to make the search results more transparent so it is clearly
presented when an offer displayed on the website is in effect the best possible offer or if it has
been promoted by the trader because it is a paid advertisement. Expedia also improved the
presentation of prices and discounts and implemented an improved audit system for special price
offers across the EU/EEA sites. Users can now clearly distinguish between accommodation offered
by professional and private hosts since Expedia committed to continuously updating the
information disclosed by accommodation providers.
25https://www.forbes.com/sites/johnkoetsier/2021/12/27/top-10-most-downloaded-apps-and-games-of-2021-tiktok-
telegram-big-winners/?sh=3e96d3003a1f
26https://www.beuc.eu/publications/beuc-files-complaint-against-tiktok-multiple-eu-consumer-law-breaches/html
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The actions taken with respect to online platforms have resulted in the following improvements27:
27For more details on the coordinated actions see: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-
complaints/enforcement-consumer-protection/coordinated-actions en
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Social media-generated commerce is thus likely to revolutionise the way consumers shop by “offering
something radically different through a sense of connection and community”, as advertisement and
communication consultant predicts.44
CPC authorities report that their concerns are often cross-cutting and can relate to lack of transparency
on the use of personal data, in particular for questions such as personalised advertising, aggressive
practices to impose cookies or inefficient age verification mechanisms. The particular vulnerability of
children on online markets is an added source of concerns for authorities.
With the online experience becoming even more immersive (e.g. live streaming, AR/VR experiences),
national enforcement authorities consider that their approach is constantly challenged by innovative
marketing techniques which require to assess their compliance with EU consumer standards, notably in
relation to big market players in the social media and entertainment sector which set industry trends
regarding marketing techniques. Regarding children, authorities are particularly concerned about the
impact of neuro-marketing (using brain imaging to fine-tune advertising) for example as their persuasion
power is strong and should not be used in an unfair manner all the more that vulnerable consumers may
be concerned.
In August 2021, the hashtag #tiktokmademebuyit had over 4.1 billion views, and in October 2021 it had more than 5 million
views on the platform.
44https://www.accenture.com/il-en/insights/software-platforms/why-shopping-set-social-revolution
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