Article 26 Automated systems for contracting on behalf of a consumer with a trader
Traders making available to consumers automated systems that can be used by consumers to conclude and perform contracts on the consumers’ behalf with those traders or other traders shall ensure that such automated systems contain easily accessible, understandable and effective tools, enabling the consumers to express their choices and set and adjust the parameters of such automated systems referred to in paragraph 2. Consumers shall have the possibility to modify the expressed choice and change the parameters referred to in paragraph 2 at any time through the tools provided for that purpose in accordance with this paragraph.
Traders making available to consumers automated systems that can be used by consumers to conclude and perform contracts on the consumers’ behalf shall ensure that on the first use of an automated system, consumers are required to expressly choose one of the following:
whether they wish to confirm all contracts proposed by the automated system before being bound by such contracts;
whether they wish to confirm only a certain type of contracts, based on specific criteria to be set by the consumer, including a maximum price and a time limit for the applicability of this choice,
whether they wish no confirmation of contracts before being bound by them.
Traders making available to consumers automated systems that can be used by consumers to conclude and perform contracts on the consumers’ behalf shall send the consumer a confirmation of the choice made in accordance with paragraph 2 on a durable medium.
Traders making available to consumers automated systems for contracting shall also ensure that such automated systems comply with the following criteria:
where the consumer has chosen to confirm all or certain contracts before being bound by them, in accordance with paragraph 23, point (a) or (b), of this Article, the automated system shall provide the consumer with at least the information provided for in Article 6(1), points (a) to (e), (h) to (k), (o) and (p), of Directive 2011/83/EU;
the automated system shall disclose any payment received by the traders making available to consumers automated systems for contracting for proposing a contract and any conflict of interest with the traders concerned by a proposed contract and, in case of such payment or conflict of interest, require the consumer to confirm the corresponding contract, independently of the choice expressed by the consumer in accordance with paragraph 3.
Where a trader's automated system interacts with or on behalf of a consumer, the trader and the provider of the automated system, may identify and authenticate themselves by means of a European Business Wallet established under Regulation (EU) [XXX] or, through the use of a European Digital Identity Wallet issued under Regulation (EU) No 910/2014, as amended by Regulation (EU) 2024/1183.
European Business Wallets may also be used to identify the automated system concerned and to establish on whose behalf it acts, so that both the trader and consumer can rely on trusted information on the identity of the system and of the party it represents. Providers of automated systems may therefore ensure interoperability with European Business Wallets in order to facilitate the identification and authentication of such systems.
Where the automated system concludes a contract on the consumer’s behalf between a trader and the consumer, the automated system used by the consumer shall transmit to that trader the consumer’s contact details necessary for the performance of the contract, such as the electronic address and the geographical address.
After the conclusion of a contract by the consumer with a trader through an automated system, that trader shall send to the consumer a confirmation of the contract concluded in accordance with Article 8(7) of Directive 2011/83/EU, on a durable medium, in plain and intelligible language.
Traders shall not design, organise, or operate their online interfaces in a way that requires consumers to use automated systems to access or to conclude commercial transactions on the traders’ online interfaces.
This provision shall not apply to the provision of financial services.