Al Qabas, 9 July 2026: Kuwait’s Minister of Commerce and Industry Osama Boudi has issued a new regulation governing intermediary e‑commerce platforms and applications, aimed at protecting SMEs and consumers from unfair practices.
The explanatory memorandum noted that practical experience revealed growing imbalances between large platforms and small businesses, particularly restaurants, cafés, and ready‑food outlets. These platforms have become the main — and sometimes only — channel to reach consumers, leaving SMEs with little bargaining power and subject to high commissions and restrictive conditions.
The regulation requires all licensed companies operating intermediary platforms to adjust their licences by 1 September 2026 to the international classification for digital intermediation services. It prohibits unjustified refusal to contract with clients, termination without cause, or using commission caps as a pretext to restrict dealings.
Service providers must supply clients with aggregated statistical data on orders within one week of request, covering general consumer demographics without breaching data privacy. They are also barred from using algorithms that unfairly discriminate between clients, imposing unauthorised fees, or misleading consumers with paid placements disguised as organic rankings. Any sponsored listings must be clearly labelled as “advertisement,” “paid,” or “sponsored.”
The regulation caps commissions at 17% of the order value before delivery fees, or 10% if the client handles delivery independently. Consumers alone bear delivery fees, which cannot exceed 1 Kuwaiti dinar per order. Platforms cannot force clients to use their delivery services or penalise them for self‑delivery.
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