The EU's Modernisation Directive (Directive (EU) 2019/2161, the 'Omnibus Directive') and the underlying Consumer Rights Directive (Directive 2011/83/EU) require online marketplaces to clearly disclose whether each seller offering products on the platform is a trader (subject to consumer protection law) or a consumer (often not subject to the same protections). For consumers buying through marketplaces like Amazon, eBay, Vinted, or local equivalents, this disclosure determines what rights they have if something goes wrong. The practical implications are significant. If you buy a product from a trader, you have the full suite of EU consumer rights: 14-day right of withdrawal under Article 9 of the Consumer Rights Directive, conformity guarantees under the Sale of Goods Directive (EU) 2019/771, and protection against unfair commercial practices under Directive 2005/29/EC. If you buy from a non-trader (a private individual selling occasionally), you have far weaker protections — typically only what national civil law provides. Marketplace contracts that are vague or misleading about seller status compromise consumer rights.
What is a Consumer-Trader Disclosure?
An EU online marketplace contract is a multi-party arrangement between a marketplace operator (e.g., Amazon EU Sàrl, eBay Marketplaces GmbH, Vinted UAB), sellers (traders or consumers), and buyers (consumers). The marketplace's terms of service and the disclosure made about each seller govern the consumer's contractual rights. It is governed by: the Consumer Rights Directive (2011/83/EU, as amended by Directive (EU) 2019/2161); the Sale of Goods Directive (EU) 2019/771; the Unfair Commercial Practices Directive (2005/29/EC); the Digital Services Act (Regulation (EU) 2022/2065); and the Platform-to-Business Regulation (Regulation (EU) 2019/1150).
Red flags to watch for
Article 6a(1)(b) of the Consumer Rights Directive (added by the Omnibus Directive) requires online marketplaces to inform consumers, before the contract is concluded, whether the third-party seller is a trader. A marketplace that omits or buries this disclosure is non-compliant — and the consumer may be misled about their rights.
Most marketplaces are platforms, not sellers — and they correctly disclaim being parties to the underlying sales contract. But the consequence (that the consumer's contract is with the seller, not the marketplace) materially affects remedies. If this is not clearly explained, the consumer may not know whom to claim from when something goes wrong.
Marketplace ADR programs (e.g., Amazon's A-to-z Guarantee, eBay's Money Back Guarantee) are valuable but supplement, not replace, the consumer's statutory rights. A marketplace that positions its internal program as the only recourse — without disclosing rights under the Consumer Rights Directive and ODR Regulation — limits consumer protection.
Under the Rome I Regulation (Regulation (EC) No 593/2008), cross-border consumer contracts give the consumer the protection of their habitual residence law if certain conditions are met. A contract specifying a non-EU governing law for an EU consumer may be challenged under Article 6 of Rome I. The marketplace should clearly disclose the governing law and forum.
Under EU law, traders selling through a marketplace must comply with consumer guarantees (right of withdrawal, conformity guarantee). Marketplaces are increasingly held responsible for trader compliance under the Digital Services Act. A contract that limits the marketplace's enforcement of trader compliance leaves consumers exposed.
When a consumer buys through a marketplace, both the marketplace and seller may receive personal data. GDPR (EU Regulation 2016/679) requires lawful basis for each transfer. The marketplace contract must address how the consumer's data is shared and the consumer's rights in respect of each controller (marketplace and seller).
Your legal rights
EU consumers using online marketplaces are protected by: the Consumer Rights Directive 2011/83/EU as amended by Directive (EU) 2019/2161 (Omnibus Directive); the Sale of Goods Directive (EU) 2019/771; the Unfair Commercial Practices Directive 2005/29/EC; the Digital Services Act (Regulation (EU) 2022/2065); the Platform-to-Business Regulation (Regulation (EU) 2019/1150); the General Data Protection Regulation (Regulation (EU) 2016/679); the Rome I Regulation (Regulation (EC) No 593/2008); the Brussels I bis Regulation (Regulation (EU) No 1215/2012) for jurisdiction; and the ODR Regulation (Regulation (EU) No 524/2013) for online dispute resolution. Disputes can be referred to national consumer protection authorities, the European Consumer Centres Network, the ODR platform, or national civil courts.
Questions to ask before you sign
- 1Does the marketplace clearly disclose whether each seller is a trader or a consumer, and where do I find this disclosure?
- 2If the marketplace is not party to the contract, who is — and how do I enforce my rights against them?
- 3What is the marketplace's internal dispute resolution program, and how does it interact with my statutory rights?
- 4What is the governing law of my contract, and can a non-EU governing law deprive me of EU consumer rights?
- 5What does the marketplace do to ensure traders comply with the Consumer Rights Directive (right of withdrawal, conformity)?
- 6How is my personal data shared between the marketplace and the seller, and what are my GDPR rights?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.