The eCommerce Directive and the UK
Last updated 19 January 2021
The eCommerce Directive no longer applies to the UK online service providers. If your business operates online in countries within the European Economic Area (EEA), you may need to comply with the legal requirements that apply in those countries.
What has changed
Since the UK left the EU and the transition period ended, UK online service providers operating in the EEA may need to comply with the rules in each country where they provide services.
The eCommerce Directive allows EEA online service providers to operate in any EEA country, while only following relevant rules in the country in which they are established. This framework no longer applies to UK providers as the UK has left the EEA and the transition period is over.
You should consider whether your services were previously in scope of the Directive. If so, ensure that you are compliant with relevant requirements in each EEA country where you operate.
Depending on the nature of your online services you may already comply with these requirements. This could mean that there are little or no immediate changes you need to make to be compliant.
You may also wish to seek legal advice.
The Country of Origin Principle provisions were removed from relevant UK electronic commerce legislation on 7 May 2026. EEA service providers may therefore need to comply with UK legal requirements when providing services in the UK.
1. Check whether you are in scope
The eCommerce Directive applies to ‘information society services’. These are defined as any service that is normally provided:
- for payment, including indirect payment such as advertising revenue
- ‘at a distance’ (where customers can use the service without the provider being present)
- by electronic means, and
- at the individual request of a recipient of the service
This covers most online service providers, for example online retailers, video sharing sites, search tools, social media platforms and internet service providers.
2. Check where your service is based
The Directive refers to this as your ‘place of establishment’, and is the fixed establishment where you pursue your economic activity for an indefinite period of time. See paragraph (19) of the recitals to the Directive for further guidance.
3. Check for new legal requirements
If you are established in the UK, you should check for any legal requirements in any EEA countries you operate in. The rules that you may need to start following are those that fall within the Directive’s ‘coordinated field’. This covers legal requirements in individual EEA states which apply to information society services, for example, rules relating to:
- online information
- online advertising
- online shopping
- online contracting
UK online service providers may also become subject to ‘prior authorisation’ schemes, such as licensing requirements, in EEA countries where they operate.
The Directive does not cover:
- tax
- questions about agreements or practices governed by cartel law
- certain gambling activities
- personal data covered by the GDPR and e-Privacy Directive
- legal requirements relating to goods such as safety standards, labelling obligations or liability for goods
- requirements relating to delivering or transporting goods.
4. More steps you can take
It is also recommended that you:
- ensure that you have processes in place for ongoing compliance if individual EEA states change their requirements governing online activities
- consider legal or other professional advice
You risk non-compliance if you do not follow relevant rules relating to online services in EEA countries you operate in.
Other provisions in the eCommerce Directive
The eCommerce Directive also contains provisions relating to intermediary liability and prohibitions against imposing general monitoring obligations.
UK law continues to provide liability protections for certain intermediary service providers. If your service hosts user-generated content, you should check the current rules that apply to your service and seek legal advice if necessary.
The Online Safety Act 2023 places legal duties on regulated user-to-user and search services. In-scope providers must assess risks and take proportionate steps to protect UK users from illegal content. Services likely to be accessed by children have additional duties. See Ofcom’s Online Safety Act compliance guidance to understand whether the rules apply to your service.