E-Commerce Intermediary Service Provider (Marketplace)

Under Law No. 6563, an e-commerce intermediary service provider is a natural or legal person providing an e-commerce environment for the economic and commercial activities of others. In practice it is known as a “marketplace”. Businesses selling on a marketplace are e-commerce service providers.

Core Obligations

• Seller verification: The marketplace must verify sellers’ identifying information through the relevant authorities’ systems or documents; if verification is not possible, it must not provide intermediary services.
• Illegal content: It is not required to pre-screen sellers’ content, but must remove illegal content it becomes aware of; see Marketplace Liability for Illegal Content.
• IP complaints: Removing products upon the right holder’s complaint and assessing the seller’s objection; see IP Infringement Complaints on Marketplaces.
• Fair treatment of sellers: Practices such as forcing sellers into campaigns or changing the contract unilaterally or retroactively are unfair commercial practices; see Restrictions on Marketplaces.
• Data portability: Enabling sellers to transfer their sales data, reviews and performance scores free of charge.

Obligations by Scale

Marketplaces are classified as medium, large and very large based on net transaction volume. As scale increases, additional obligations arise, such as limits on advertising and discount budgets, bans on transport and payment services, and an e-commerce licence.

Liability towards Consumers

The seller is primarily liable to the consumer for products sold on a marketplace. The marketplace’s liability is limited to its statutory obligations as an intermediary service provider; however, if, for example, the omission of return carrier information from pre-contractual information is attributable to the marketplace, return costs are borne by the marketplace. For details, see E-Commerce Regulations Published.