Issuance of the Regulation for the Sector of Intermediary Electronic Platforms and Applications for Product Delivery to Consumers

The Minister of Commerce and Industry, Osama Boudi, issued a ministerial decision regarding the issuance of a regulatory framework for the sector of intermediary electronic platforms and applications used to display, order, and deliver products to consumers. The articles of the decision, published in the official gazette “Kuwait Al-Yawm” under No. 109 of 2026, stipulate the following:

Article 1: The provisions of the regulatory framework for the sector of intermediary electronic platforms and applications used to display, order, and deliver products to consumers, attached to this decision, shall apply.

Article 2: Every company licensed to launch and operate an intermediary electronic platform for displaying, ordering, and delivering products to consumers must regularize its status in accordance with the provisions of the attached regulatory framework by amending its license activity to “Management of delivery services via electronic platforms,” in accordance with the approved International Standard Industrial Classification No. 532013 for this activity, classified as a digital intermediary activity within the sector of administrative services, business support services, and related activities. This must be completed before September 1, 2026.

Article 3: Every contract concluded between the service provider and the client from the date of issuance of this decision shall be subject to the provisions of the attached regulatory framework. As for existing contracts concluded prior to its issuance, the parties thereto must regularize their status by amending such contracts to comply with the provisions of the attached regulatory framework before September 1, 2026.

As an exception to the preceding paragraph, existing contracts in which the agreed commission does not exceed the maximum limit stipulated in Article 7 of the attached regulatory framework shall continue to produce all their legal effects in accordance with their contractual terms until their expiration.

Article 4: Licensed service providers are obligated to comply with the provisions of the guideline attached to this decision, pertaining to the sector of consumer order delivery services via platforms and smart applications, as approved by the Competition Protection Authority under Decision No. 1 of 2026. The guideline forms an integral part of this decision with regard to competition rules and prohibited practices, without prejudice to the service provider’s obligation to adhere to the maximum commission and delivery fee stipulated under the provisions of the attached regulatory framework.

Article 5: Any person who violates the provisions of the articles contained in this decision shall be subject to the violations and penalties stipulated in Article 15 of the attached regulatory framework.

Article 6: Ministerial Decision No. 10 of 2026, issuing the regulatory framework for the delivery of restaurant orders and ready-made food, is hereby repealed. Any decision or ruling that conflicts with the provisions of this decision and its attached regulatory framework is also repealed.

Article 7: Competent authorities shall each implement this decision within their respective jurisdictions. It shall be published in the official gazette and shall take effect from the date of its issuance.