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Ranking transparency disclosure

ranking-transparency-disclosureDomain: marketplace-platformType: policy

Description

A working ranking-transparency program describes, in plain language and in the terms of service, the main parameters the platform uses to order search results, product listings, or feeds, the relative weight of each, and the reasoning behind that weighting. The components are a parameters-disclosure section in the terms (covering what enters the ranking signal and at what rough importance), a paid-promotion label on individual listings where commercial consideration influences placement, and, for the recommender-system flavor of the obligation, a user-facing setting that lets the person turn off profiling-based ranking. The disclosure has to be visible at the point the user encounters the placement, not buried in a global policy three clicks away. The regulatory landscape splits into three layers. The EU Platform-to-Business Regulation covers business-user-facing surfaces (online intermediation services owe their business users a description of how listings are ordered, with remuneration-influence disclosed where relevant). The Digital Services Act covers consumer-facing recommender systems on online platforms, and adds, for very large online platforms, the obligation to offer at least one non-profiled alternative. The Digital Markets Act sits above both for designated gatekeepers and converts a transparency obligation into a structural one: gatekeepers cannot self-preference, regardless of how clearly they disclose the preference. Operators commonly fold all three into a single ranking-parameters page that composes regulator-specific copy fragments. The operational tension is the parameters question. Most production ranking systems run dozens of features through a model that is not parameter-by-parameter inspectable, which is why the disclosure standard reads as main parameters in their relative importance rather than as a feature-by-feature accounting. The defensibility argument is whether the disclosure plausibly describes how the system actually works, not whether it captures every signal. Evidence formats regulators have asked for include the published ranking-parameters page, the paid-promotion disclosure pattern at listing level, and A/B test logs that show the disclosure surface was actually shipped to users. The piece that consistently surprises platforms is that any commercial influence on placement (sponsored, promoted, advertising consideration of any form) triggers a listing-level disclosure on top of the global one; the global terms-of-service description does not absorb it.

Applicability

Applies when: business model role is intermediary or mixed.

How predicates are evaluated

Required by (4 regulations)

  • DSA

    Article 27 — recommender-system transparency for online platforms.

    Regulation (EU) 2022/2065 of the European Parliament and of the Council (Digital Services Act)

  • Omnibus

    Consumer rights on personalized rankings.

    Directive (EU) 2019/2161

  • EU P2B

    Article 5(1) — main parameters of ranking disclosed in terms with relative importance; remuneration-influence disclosed where applicable. Article 5(2) extends parallel obligation to online search engines for corporate-website results.

    Regulation (EU) 2019/1150

    Source →

  • EU DMA

    DMA Article 6(5) — ranking-fairness obligation paired with the disclosure regime; for designated gatekeepers, the obligation is ex-ante structural rather than transparency-only.

    Regulation (EU) 2022/1925

    Source →

Fulfilled by (1)

  • In-house build · low effort

Magist does not accept payment from vendors. Methodology.

Evidence formats

  • ranking-parameters page
  • paid-promotion disclosure
  • A/B test logs

Magist provides legal information based on publicly available regulatory sources. It does not constitute legal advice and does not create an attorney-client relationship. Consult a licensed attorney in your jurisdiction before making compliance decisions.

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Built by Neel Patel, a practicing in-house games attorney. Games touch more compliance domains at once than anything else in tech — Magist was designed around that.

Magist provides legal information based on publicly available regulatory sources. It does not constitute legal advice and does not create an attorney-client relationship. Consult a licensed attorney in your jurisdiction before making compliance decisions. Operated by a Washington-licensed attorney. Not licensed in California or other US states. Magist provides legal information; consult a licensed attorney in your jurisdiction.

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