The DSA strengthened marketplace due diligence, but it did not turn every platform into the seller or create automatic refund liability for every failed purchase.
Marketplaces have new due-diligence duties
The Digital Services Act requires online marketplaces that let consumers conclude distance contracts with traders to obtain and verify certain trader information before the trader can use the platform for consumer-facing offers. This includes identity/contact details, payment-account information, registration details where applicable and a trader self-certification about EU-law compliance.
The marketplace must also make specified trader information available to consumers in a clear and accessible way.
The DSA is not a blanket “marketplace pays” rule
The EU legislature chose due-diligence obligations rather than a general new liability rule that makes marketplaces financially responsible for every seller's breach. The European Commission confirmed in 2026 that the DSA's approach is traceability, compliance by design and information rights, rather than automatic platform liability for the underlying sale.
What happens when the marketplace learns a product is illegal?
Under the DSA, when a marketplace becomes aware that an illegal product or service was purchased by consumers, it must inform affected consumers, identify the seller and provide information about available redress.
Product-safety rules under the General Product Safety Regulation add further marketplace duties, including product-safety information and action through Safety Gate.
How the system helps with non-EU sellers
The traceability rules are especially important where the trader is outside the EU. The marketplace has to collect information needed to identify the trader and communicate it to consumers as required. This can make enforcement and redress more practical than dealing with an anonymous cross-border seller.
What consumers should save
- Seller identity and trader details shown on the listing.
- Product listing and safety information.
- Order confirmation and payment record.
- Marketplace communications.
- Evidence of the defect, fraud or illegality.
- Any marketplace notice about product illegality or recall.
Where to complain
For an individual contract dispute, use the seller and the consumer-law route applicable to the purchase. For marketplace DSA obligations, the relevant Digital Services Coordinator or other competent authority can be involved. Product-safety issues can also be reported through the national market-surveillance system and Safety Gate channels.
What this means practically
- Marketplace traceability is now a core EU obligation.
- It does not automatically make the platform the seller.
- If the platform learns a product is illegal, consumer information and redress duties can arise.
- Save the trader details shown on the listing.
- Use the right route for contract, DSA or product-safety complaints.
Sources
- EUR-Lex — Digital Services Act, Regulation (EU) 2022/2065, Articles 30–31: eur-lex.europa.eu
- European Commission — Digital Services Act and online marketplaces: digital-strategy.ec.europa.eu
- EUR-Lex — General Product Safety Regulation, Regulation (EU) 2023/988: eur-lex.europa.eu
- European Parliament / Commission answer on marketplace liability, January 2026: europarl.europa.eu
Related Kibbo Tools
- Marketplace Seller Dispute Pack — preserve trader identity, listing, payment, and complaint records.
- Marketplace Complaint Generator — structure the right complaint for the seller, platform, or authority.