KUWAIT CITY, July 20: Kuwait’s Ministry of Commerce and Industry has issued Ministerial Resolution No. 109 of 2026 introducing comprehensive regulations for intermediary electronic platforms and applications, establishing a legal framework for digital commerce while enhancing consumer protection and transparency. The regulations respond to the rapid expansion of e-commerce in Kuwait by defining the rights and obligations of electronic platforms, merchants, delivery service providers and consumers, while supporting investment and fair competition.
They apply to all intermediary platforms and applications offering, ordering and delivering products in Kuwait and provide unified definitions for key terms, including electronic platform, service provider, customer, delivery provider, commission and delivery fee. Service providers must obtain the required licenses, comply with applicable laws and regulatory requirements, and implement measures to protect electronic systems and data from misuse and cyberattacks. Platforms must clearly disclose prices, commissions, delivery charges and any additional fees before orders are completed, display merchant information, publish terms and conditions, and provide accurate product and service details.
The regulations also require platforms to adopt clear exchange, return and refund policies, establish complaint-handling mechanisms within specified timeframes, protect consumers’ personal data, and maintain records of electronic transactions and payments. They set delivery service obligations to ensure safe handling and delivery of products, while requiring platforms to oversee delivery operations and coordinate with all parties.
The regulations cap platform commissions at 17 percent when delivery is provided by the platform and 10 percent when merchants handle deliveries themselves. Consumer delivery fees are capped at KD 1 per order, with additional charges exceeding the limit prohibited. Effective from July 8, 2026, the resolution grants the ministry inspection and enforcement powers, including requesting information, conducting inspections and imposing administrative penalties on violators. Licensed platform operators must amend their business activity to “Management of Delivery Services via Electronic Platforms”.
The regulations will be accompanied by an implementation guide outlining compliance requirements for platforms, service providers, delivery companies and consumers. The explanatory memorandum said the regulations address challenges arising from the growth of e-commerce, including varying commission rates, delivery fees and unclear commercial terms, while promoting transparency, service quality and confidence in digital transactions. The resolution also repeals Ministerial Resolution No. 10 of 2026 on restaurant and ready-food delivery regulations, replacing it with a broader framework covering all intermediary electronic platforms. (KUNA)
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