E-shops today face the challenge of two new European regulations that fundamentally affect their day-to-day operations. The Packaging and Packaging Waste Regulation (PPWR) introduces new obligations regarding packaging and its composition, while the AI Act defines transparency rules for chatbots and content generated by artificial intelligence.
The New PPWR: What Obligations Await E-shops Regarding Packaging?
On 12 August 2026, Regulation (EU) 2025/40 on packaging and packaging waste, known as the PPWR, entered into full force. It is a directly applicable regulation that is gradually replacing the existing European framework. E-shop operators should not rely on the assumption that the new rules only concern packaging manufacturers. The obligations also apply to those who pack goods, import them, or place them on the market in their own packaging, and may therefore also apply to e-shops.
The specific position of the e-shop in the packaging supply chain plays a key role, often separately for each type of packaging. In practice, it is advisable to create an overview of packaging flows – i.e. where the packaging comes from, what material it is made of, who fills it, and in which country the packaged goods are sold. On that basis, it is possible to assess whether you need to prepare technical documentation and a declaration of conformity, or rather collect supporting documents from your suppliers. From 2030, stricter requirements on recyclability and limitations on empty space in transport packaging will also apply.
The PPWR also includes specific limits on per- and polyfluoroalkyl substances (PFAS) in packaging intended for contact with food, such as paper boxes, cups, or bags. While these restrictions apply only to packaging intended for contact with food and do not constitute a blanket ban on PFAS in all packaging, a general requirement to minimise substances of concern applies to other types of packaging as well. It is therefore essential for e-shops to verify the composition of packaging with their suppliers, not only for the base material but also for coatings, adhesives, inks, and labels.
There is no one-size-fits-all template for assessing the impact of the PPWR on e-shops; the scope of obligations must be evaluated based on the packaging portfolio and supply chain of the specific business. E-shops engaged in cross-border sales should also pay close attention. If you sell into another EU Member State where you are not established, depending on your specific position in the packaging supply chain, you may be required to register in that state or appoint a local representative. These obligations can prove costly even with a smaller volume of shipments, as the costs depend primarily on the number of target countries and local rules. Although the European Commission has proposed a temporary suspension of the representative requirement for certain cross-border sales within the EU, the proposal has not yet been adopted. The PPWR therefore applies from 12 August 2026 in its current wording, including the rules concerning registration and appointment of an authorised representative.
AI Rules for E-shops: Transparency of Chatbots and AI-Generated Content
Do you have an AI chatbot on your e-shop? Do you use artificial intelligence to create images, videos, or marketing copy? From 2 August 2026, new obligations under the AI Act apply to a number of these common tools. It must be clear to the customer that they are interacting with artificial intelligence – typically, it must be apparent with a chatbot or AI assistant that there is no human on the other side. The AI Act also tightens the rules for content created or modified using AI, particularly in the case of deepfakes or certain texts informing the public on matters of public interest. For businesses, it is important not only to properly label a chatbot or specific content, but also to gain an overview of what AI tools they use, in what capacity they operate, and whether any of them are subject to stricter rules.
In practice, we help our clients translate the requirements of the AI Act into the day-to-day operations of their business – from internal AI policies and employee guidelines, through new rules for marketing, creation, and approval of AI-generated content, to the proper configuration of chatbots and other tools. This also includes mapping the AI systems in use, allocating responsibilities, and setting up processes so that the company can also demonstrate compliance with the AI Act.
Key Takeaways
Both the PPWR and the AI Act require e-shops to undertake practical preparation. In the area of packaging, it is essential to determine what materials you use, where they come from, and what role you play in placing them on the market. With regard to artificial intelligence, you need to map the tools you use, ensure fair communication with customers, and adapt your internal processes.
At HAVEL & PARTNERS, we will be happy to assist you with assessing your packaging supply chain under the PPWR as well as with setting up AI rules for e-commerce.
