What are the obligations of online marketplaces under EU product law?

Dutch term: Verplichtingen online marktplaatsen | Legal basis: GPSR + DSA

Online marketplaces have specific product safety obligations under the General Product Safety Regulation (GPSR, Regulation (EU) 2023/988, applicable from 13 December 2024) and the Digital Services Act (DSA, Regulation (EU) 2022/2065). These obligations are new compared to the previous product safety framework and reflect the growing role of online marketplaces in the distribution of consumer products.

Under the GPSR, online marketplaces must designate a single point of contact for market surveillance authorities, establish internal processes to identify and address non-compliant or unsafe products, cooperate with market surveillance authorities on product safety measures, take down listings of products subject to a safety recall or sales prohibition, and inform consumers who purchased affected products. The DSA adds general obligations on transparency, content moderation and cooperation with authorities.

Why it matters for international businesses

For online marketplace operators and for manufacturers and importers selling through marketplaces, understanding the allocation of compliance responsibilities between the marketplace and the seller is essential. MAAK Advocaten advises both marketplace operators and sellers on the regulatory framework.