Shoppers (online and in-store)
- You should not be charged more than other people just because of data about you, unless the seller clearly explains it and you clearly agree.
- If a store uses electronic shelf labels (digital price tags), it cannot charge you more at checkout due to personalized pricing.
- The fact that personalized pricing is being used must be treated as important and not hidden from you.
- You can complain about unfair algorithmic practices even if you did not complete a purchase.
Online retailers and online distributors
- You cannot use personalized algorithms to increase the price for a specific consumer.
- To claim a consumer agreed to a higher, personalized price, you must:
- Clearly explain the reason for the higher price in plain language.
- Get a clear action from the consumer showing consent (for example, ticking a box).
- Regulators may look at whether the pricing, mandatory fees, and other key facts were clearly shown and easy to find.
- Using algorithms or A.I. by you or a third party can still lead to an unfair-practice finding, even if the sale never happens.
Stores using electronic shelf labels
- You must honor the displayed shelf price and cannot use a consumer’s data to demand more at checkout.