E-COMMERCE MARKETPLACE

Dealing with risky goods offers by marketplace

We advised the e-commerce marketplace on the following project:

RULES FOR HANDLING OFFERS OF GOODS AND SERVICES BY THE MARKETPLACE OPERATOR, WHOSE TRADE ON THE PLATFORM CONSTITUTES A RISK FOR THE OPERATOR

  • In the operation of any marketplace, one of the main challenges is to appropriately define the rules for handling the offers of users if they offer goods or services subject to specific requirements (conditional admissibility of trading), if the activity triggers compliance obligations on the part of sellers (for example in the area of anti-money laundering) or if the subject goods or services have legal defects (e.g. stolen goods).
  • The key is to balance the rules in such a way as not to undermine the role and mission of the marketplace, i.e. seller- and buyer-agnostic tool allowing sellers and buyers to find each other regardless of the subject matter of the transaction, without facilitating potential violation of law by sellers or buyers that could result in the liability of the marketplace.

The advisory services of DLK Legal with respect to such projects mostly include:

  • precise identification of risk sources for the marketplace operator
  • definition of the role of the operator and legal classification of their actions in the event of an unlawful act
  • preparation of detailed instructions on how to act on the part of the operator in any process in which a risk may arise, including specimen documents, clauses and information (summons, notices)
  • workshops with the operator to clarify doubts and prepare for the implementation of the developed solutions.

See also on the DLK websites:
Digital Markets Authority (DMA) Regulation
AML/CFT package (2021-2023)

IT & Outsourcing

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Telecommunications

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Online & eCommerce

Retail

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Retail

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