Platform to Business regulation
What is the Platform to Business regulation?
The CCPC is the competent authority for the Platform to Business Regulation (P2B Regulation) in Ireland. The CCPC’s role is to ensure platforms comply with their obligations. If businesses need to contact the CCPC, please use the webform below.
The P2B, formally known as EU Regulation 2019/1150, aims to create a fair, transparent and predictable environment for business users that use online platforms to offer goods or services to consumers.
Examples of platforms covered include:
- Online marketplaces (e.g. eBay, Amazon)
- App stores (e.g. Google Play, Apple App Store)
- Social media platforms (e.g. Facebook, Instagram)
- Sector-specific platforms (e.g. accommodation, food delivery)
Some rules also apply to search engines such as Google and Bing.
What must be included in terms and conditions?
Platforms must ensure their terms and conditions (T&Cs):
- Are easily accessible and written in plain language.
- Notify business users of changes at least 15 days in advance via a durable medium (e.g. email).
- A platform’s terms and conditions (T&Cs) must be easily available to business users at all stages of their commercial relationship, including at the precontractual stage.
- Cannot be changed retroactively.
- Clearly state grounds for suspension, restriction or termination of service.
What happens if your service is suspended or terminated?
If a platform restricts, suspends or terminates service, it must provide a statement of reasons. For termination, this must be given 30 days in advance. Some exceptions may apply.
How are rankings determined on platforms?
T&Cs must explain the main parameters affecting ranking on good and services on the platform, including:
- Whether payment to the platform can influence ranking.
- Whether the platform’s own products receive preferential treatment or ranking.
These rules also apply to search engines.
How are complaints handled?
Platforms must provide an internal complaint-handling system that is:
- Free of charge
- Easily accessible
- Capable of resolving complaints within a reasonable timeframe and communicate the outcome to the complainant in an individualised manner.
The platform must also make information on the complaints it has received from business users easily available to the public. This information should include the total number of complaints, the main categories of complaints, the average processing time, as well as aggregated information on the outcomes of the complaints.
The platform should also identify at least two mediators with whom it is willing to engage in order to resolve, out of court, any disputes which may occur. Business users are not obliged to submit any dispute to mediation.
Note: Platforms with fewer than 50 employees or turnover under €10 million are exempt from being required to establish an internal complaint-handling system
What data access rights do businesses have?
T&Cs must describe:
- Business user access to data generated by consumers or the business itself.
- Whether the platform can access this data.
If the platform suspends or terminates its service to a business user but later revokes that decision, the platform must restore service without undue delay- including restoring the business user’s access to the data they had, prior to the suspension or termination.
What are most-favoured nation clauses?
If the platform restricts business users from offering their product under different conditions through other means, including other platforms or the business user’s own website, the platform’s T&Cs must explain the grounds for that restriction. For example, if an accommodation platform does not allow a hotel to offer its rooms for a lower price on the hotel’s own website, the grounds for this must be set out in the platform’s T&Cs.
This transparency obligation does not affect the application of other legal requirements, including in the areas of competition and unfair commercial practices, which may restrict these so-called “most-favoured nation” clauses.
Can businesses offer ancillary goods or services?
T&Cs must specify:
- Which ancillary goods or services the platform offers (if any) with the business user’s goods or services.
- Whether business users can offer their own (e.g. repair services, insurance).
Note: Examples of ancillary goods or services would be a repair service for a product, or insurance for a car rental.
Can businesses take legal action?
Yes. Business users and their representative organisations can take legal action to prevent non-compliance with the P2B Regulation.
Contact us
If you have any queries in relation to the Platform to Business Regulation or believe that any of these rules have been breached, please let us know using the webform below.
Where can you find more guidance?
Further information and practical guidance is available from the European Commission and the CCPC:
- EU Regulation 2019/1150 on P2B
- EU Guidelines on ranking transparency
- EU Q&A on the P2B Regulation
- S.I. No. 256 of 2020 (P2B Regulations)
Register of unlawful acts
In accordance with regulation 5 of S.I. No. 256/2020 – the European Union (Promoting Fairness and Transparency for Business Users of Online Intermediation Services) Regulations 2020, the CCPC maintains a register of unlawful acts that have been the subject of an order before the Circuit Court or the High Court under section 71 of the Consumer Protection Act 2007. Any such orders will be listed here.
