vzbv calls for more due diligence obligations for online marketplaces

• In vzbv's view, the European Commission's plans are not enough to fully protect consumers when they shop online
• Products that do not comply with EU rules should not be offered for sale on online marketplaces
• The European Commission should use the upcoming Digital Fairness Act (DFA) to introduce liability for online marketplaces

Consumers enjoy buying a lot of products via online marketplaces such as Amazon, Temu and others, but too many products have been entering the EU for years that do not comply with the EU's rules and are even outright dangerous. The European Commission outlined how it intends to tackle this problem in a communication published on 5 February 2025. In the view of the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband – vzbv), the proposed measures will not be enough to fully protect consumers when they shop online.

“The European Commission has missed a great opportunity when issuing this communication. It is correct to strengthen existing structures and consistently enforce existing rules, but when gaps are clear, measures must be taken. So far, sellers have not been prevented from distributing unsafe products via online marketplaces. This must change. Unsafe products should not be available to consumers on online marketplaces in the first place. To achieve this, stricter due diligence obligations are needed,” says Stefanie Grunert, Policy Officer, Team Legal Affairs and Trade at vzbv. 

Report shows room for manoeuvre beyond the DSA

In vzbv's view, the providers of online marketplaces should be obliged to check more closely than before that the offers on their platforms comply with EU requirements. If they fail to do so, they should take responsibility and be liable for damages arising.

In addition, the European Commission should stipulate that providers of online marketplace are also liable under certain conditions if traders violate consumer rights on their platform.

An expert report commissioned by vzbv shows that it is legally possible to extend due diligence obligations without amending the Digital Services Act (DSA). The European Commission should use the upcoming Digital Fairness Act (DFA) for this purpose.

On 28 January 2025, the German government adopted an eCommerce action plan.