Kuwait Caps Delivery-Platform Commissions at 17% and Delivery Fees at One Dinar

On 12 July 2026 the Official Gazette (Kuwait Al-Youm, Issue 1799( published Ministerial Decision No. 109 of 2026 of the Minister of Commerce and Industry, issuing the Regulation Organising the Sector of Intermediary Electronic Platforms and Applications for Displaying, Ordering and Delivering Products to Consumers. Signed on 8 July 2026, the Regulation implements Decree-Law No. 10 of 2026 on the Digital Commerce Sector and repeals the earlier restaurant-and-ready-food delivery regulation (Ministerial Decision No. 10 of 2026), widening the rules from food delivery to every intermediary platform.

Scope. The Regulation applies to all intermediary electronic platforms operating in Kuwait that broker purchase orders between a merchant (the “client”) and consumers and coordinate delivery or collection of the order value, whatever the merchant’s activity, provided the merchant is licensed. Platforms that sell only their own products, without intermediating third-party goods, fall outside it.

The centrepiece is Article 7. The total a platform may charge a merchant — commission plus any advertising, promotion, premium or paid placement, priority ranking, and the platform’s own delivery service — may not exceed 17% of the order value (before the delivery fee), per order; where the merchant delivers by its own means, the ceiling falls to 10%. A platform may not compel a merchant to use the platform’s delivery service, nor penalise self-delivery.

The consumer alone bears the delivery fee, capped at one Kuwaiti dinar (KD 1) per order, with no additional charge under any name.

Providers must reclassify their commercial-register activity to “Management of Delivery Services via Electronic Platforms” (international classification 532013) and bring existing merchant contracts into conformity before 1 September 2026 — except contracts already within the Article 7 ceiling, which may run to expiry. Providers must also observe the Competition Protection Agency’s guidance manual (Decision No. 1 of 2026) on prohibited practices, and face the penalties in Article 15.

WEFAQ’s view: platforms and the restaurants, pharmacies and retailers that sell through them should re-paper their commercial agreements now. The 1 September deadline is short, and the commission and delivery-fee ceilings change the economics of every order.

For more information, see our blog article, which offers a deeper analysis of this topic.

This article is provided for general information only and does not constitute legal advice. For advice specific to your circumstances, please contact WEFAQ Law Firm.