Obligations of online marketplace providers

The obligations of online marketplace providers are laid down in Articles 29 to 32 of the DSA.

Online platform providers that allow consumers to remotely conclude agreements with traders, i.e. enable online sales, must obtain certain information from the trader before allowing them to use their services, such as: name, address, telephone number, email address, copy of identification document, bank account details, extract from the register and a trader compliance statement, by which the trader undertakes to offer only products or services that comply with applicable EU law.

The online interfaces of online platform providers that allow consumers to remotely conclude agreements with traders must be designed and organised in such a way as to enable traders to fulfil their obligations in relation to pre-contractual information, conformity and product safety information. If, irrespective of the means used, the provider becomes aware of an illegal product or service offered by a trader to consumers in the EU through its services, it must inform consumers who have purchased such a product or service if it has their contact details.  If the provider does not have this information, it must inform consumers by public notice on its website or user interface.

Online platform providers that allow consumers to remotely conclude agreements with traders must also comply with all obligations laid down for all providers of intermediary services, obligations laid down for providers of hosting services and obligations laid down for online platform providers.

The additional obligations that apply to online platform providers that allow consumers to remotely conclude agreements with traders do not apply to those online platforms that are micro or small enterprises as defined in Recommendation 2003/361/EC.