Pricing and discounts in eCommerce – the boundaries between marketing and unfair practices

At Balkan eCommerce Summit 2026, Gabriela Ivanova from IVANOVA Legal Solutions explored one of the most sensitive areas in modern eCommerce:

Where is the line between effective marketing and unfair commercial practices?

The session focused on the growing regulatory scrutiny around pricing strategies, discounts, urgency tactics, influencer marketing, and personalized offers, highlighting the legal risks businesses face when promotional communication becomes misleading.

The Problem Is Not the Discount – But How It Is Communicated

One of the central messages of the presentation was that regulators are not primarily focused on the size of discounts themselves.

Instead, the real issue is:
how prices, promotions, and offers are presented to consumers.

According to Gabriela, many businesses create legal risks through:

• misleading previous prices
• unclear discount periods
• fake urgency
• unclear promotional communication
• misleading comparisons
• non-transparent pricing strategies

Even campaigns that seem normal from a business perspective can quickly become regulatory problems if consumers are misled.

Why Businesses Make These Mistakes

Gabriela outlined several common reasons why pricing-related compliance problems occur:

Lack of Proper Price Tracking

Many businesses cannot properly prove:

• what their actual previous price was
• how long it was applied
• whether the promotion is genuine

Poor Coordination Between Marketing and Legal Teams

Promotions are often created very quickly, especially during:

• Black Friday
• seasonal campaigns
• flash sales

Legal teams are frequently involved too late in the process.

Focus on Conversion Over Compliance

During high-sales periods, companies prioritize:

• performance
• revenue
• conversion rates

while compliance and transparency become secondary considerations.

What Regulators Actually Look At

Gabriela simplified the core legal expectations around discount communication.

The Previous Price Must Be Real

The reference price must be:

• genuine
• applied during the previous 30 days
• provable

Businesses cannot:

• invent reference prices
• use temporary inflated prices
• show prices that were never truly applied

Previous Prices Should Be Visible

In most cases:

• the previous price should be clearly shown
• the old price should be crossed out
• discount duration should be transparent

Communication Must Not Be Misleading

Even if the information is technically correct, regulators also evaluate:

• the overall impression
• how the average consumer perceives the message

If there is a risk that consumers may misunderstand the offer, businesses may still face legal issues.

Comparative Claims Must Be Provable

Statements such as:

• “Best price”
• “Cheaper than competitors”
• “Lowest price”

must be supported with real evidence.

If regulators request proof, businesses need to demonstrate that such claims are accurate and traceable.

Real Case Examples

Gabriela shared multiple examples from Bulgaria and the EU showing how similar patterns repeatedly lead to enforcement actions.

Billa Case

The issue was not the discount itself, but the misleading way it was communicated.

Abbey Beauty Case

Regular prices were presented as if they were promotional prices, creating a false impression of a special deal.

Maxima Bulgaria Case

Prices were increased before announcing a discount, making the discount appear larger than it actually was.

Commo & Renda Bulgaria Cases

The cases involved:

• fake urgency
• prolonged “temporary” promotions
• misleading promotional structures

EU-Level Cases

Major international platforms and retailers have also faced scrutiny for:

• fake reference prices
• misleading urgency
• lack of transparency
• deceptive discount structures

Examples included:

• Booking
• SHEIN
• Temu

What Is Changing in 2026

A major part of the session focused on new regulatory trends and stricter enforcement expected in 2026.

Influencer Marketing Regulation

Authorities are increasingly targeting:

• undisclosed sponsored content
• hidden advertising
• influencer fraud

Consumers must clearly understand when content is paid promotion.

Sustainability Claims

Words such as:

• “eco”
• “green”
• “sustainable”

will require stronger evidence and verification.

Unsupported environmental claims are becoming a major legal risk.

Dark Patterns

Gabriela explained that regulators are increasingly focused on manipulative UX and interface tactics, including:

• countdown timers
• fake scarcity
• “only a few left”
• pressure-based design techniques

These are now widely recognized as “dark patterns.”

Accessibility Requirements

Under new EU accessibility rules, eCommerce websites must become more usable for people with disabilities.

This includes:

• clearer navigation
• screen-reader compatibility
• understandable interfaces
• accessible purchasing flows

Accessibility is no longer only a technical issue – it is becoming a compliance obligation.

Increasing Focus on Algorithms & Personalized Pricing

One of the most important future trends discussed was the growing regulatory attention on:

• algorithms
• platforms
• personalized offers
• AI-driven pricing

Gabriela explained that consumers increasingly see:

• personalized discounts
• dynamic pricing
• individualized offers

without understanding how those prices are generated.

This creates new transparency requirements under:

• the Digital Markets Act (DMA)
• the Digital Services Act (DSA)
• the Omnibus Directive

Regulators are now examining:

• how offers are calculated
• how products are ranked
• how algorithms influence pricing visibility

Pricing Must Become a Compliance Process

The final conclusion of the lecture was that pricing can no longer be treated only as a marketing activity.

Instead, businesses must approach pricing as:

• a compliance process
• a communication process
• a trust process

According to Gabriela, companies should ensure that:

• previous prices are real and traceable
• discount communication is transparent
• all channels present consistent information
• marketing and legal teams work together
• businesses stay updated on regulatory developments

Key Takeaways from the Session

The lecture highlighted several critical lessons for eCommerce businesses:

the biggest legal risks often come from communication, not pricing itself
fake urgency and misleading discounts are major enforcement targets
reference prices must be real, provable, and compliant with the 30-day rule
regulators increasingly evaluate the overall consumer impression
influencer marketing and sustainability claims face growing scrutiny
dark patterns and manipulative UX tactics are becoming regulatory risks
accessibility is now both a technical and legal requirement
algorithms and personalized pricing are becoming key regulatory focus areas
pricing should be treated as a compliance process, not only a conversion tactic
transparent communication is becoming a major competitive advantage

The overall message of the session was that as eCommerce becomes more data-driven and personalized, transparency and consumer trust are becoming central legal and business priorities.