The importance of electronic marketplaces can no longer be ignored. Platforms such as Amazon as a global player or, in Germany, Kaufland have evolved into spaces where supply, demand, and logistics converge, redefining both B2C and B2B relationships.
As these platforms continue to grow, online marketplaces are increasingly being placed under regulatory scrutiny. EU regulations aim to ensure product safety and guarantee transparency regarding manufacturing processes and material composition. In this context, so-called Extended Producer Responsibility (EPR) is becoming a key factor in the digital environment, enabling online marketplaces to meet their monitoring and compliance obligations.
Monitoring obligations and EPR – Marketplaces in ecommerce
Electronic marketplaces such as Amazon, Alibaba, and more recently Temu provide sellers and buyers alike with a wide range of services and products. These include technical infrastructure, product presentation, payment processing, customer communication, and often logistics and shipping solutions. At the same time, the monitoring obligations of online marketplaces are continuously being expanded and adapted to current regulatory requirements. This development is a necessary step to protect end consumers from defective or potentially harmful products and to enforce sustainability initiatives.
With the introduction of the European Digital Services Act (DSA), these obligations have been further specified. Platforms are subject to monitoring duties for their marketplaces and must prevent violations of legal requirements. This includes, in particular, overseeing EPR compliance—that is, ensuring that manufacturers and retailers fulfill their obligations in areas such as packaging, electrical and electronic equipment, or battery regulations.
Key responsibilities of marketplaces therefore include:
- Ensuring transparency of seller information
- Verifying essential registration numbers
- Protecting consumers from unsafe or non-compliant products
- Implementing measures to prevent legal violations
These requirements make the monitoring obligation of online marketplaces a core instrument of modern trade supervision.
Why monitoring obligations are gaining importance in online commerce
The objective of monitoring obligations for online marketplaces is clear: legal requirements in online trade must be enforced, users protected, and fair competition ensured. The EU is deliberately distributing responsibility to those actors most deeply involved in commercial processes. This is hardly surprising when considering the extensive data pools available to these platforms, which significantly facilitate targeted compliance checks.
EPR—Extended Producer Responsibility—focuses on the entire lifecycle of a product. This particularly affects:
- Packaging
- Electrical and electronic equipment (WEEE)
- Batteries
In the context of EPR, monitoring obligations for marketplaces in cross-border online trade must be taken seriously. Violations of applicable regulations often result in substantial penalties.
How are monitoring obligations for online marketplaces implemented in Europe?
National implementation of EPR obligations differs significantly in some cases. For marketplaces, this results in a complex monitoring framework that must be managed reliably to enable sound decision-making and confident operations. We have examined EPR requirements and marketplace monitoring obligations both within and outside the EU.
Marketplace monitoring obligations and EPR in Europe
Germany
Germany introduced monitoring requirements for packaging as early as 2022. Online marketplaces are now obliged to verify registration in the LUCID packaging register before activating a listing. Since 2023, the same applies to electrical and electronic equipment. Sellers must hold a valid registration number with the Stiftung EAR in accordance with the WEEE Directive. Many merchants provide this proof via their EPR number on Amazon.
Online marketplaces are legally required to block sellers who are not properly registered. This procedure is anchored in law.
France
France sets strict standards under the Anti-Waste Law for a Circular Economy (AGEC). For numerous product categories—from textiles and furniture to electrical equipment—sellers must provide a national EPR registration number (Numéro Unique). Marketplaces may not keep listings active without valid proof.
Spain
Spain also places online marketplaces under strict monitoring obligations. They are required to verify the EPR compliance of their sellers and must not allow products to be listed if registrations are missing. Violations may result in permanent exclusion.
Austria
In Austria, the Waste Management Act (AWG) applies. Sellers must participate in the national EPR system. Marketplaces are required to verify this registration; otherwise, providers may not be listed.
Poland
Poland likewise enforces strict monitoring obligations for online marketplaces. Regulations for packaging and electrical equipment are clearly defined, and sellers without complete registration are automatically blocked.
BeNeLux
Online marketplaces within the BeNeLux union are also subject to enhanced verification obligations for packaging and WEEE products.
International perspectives
Cross-border online commerce highlights how differently EPR monitoring obligations for marketplaces are structured at the international level:
- North America (Walmart): Regulations vary by U.S. state; marketplaces increasingly require proof of registration.
- China (Alibaba): Local EPR rules are less stringent, but export sellers must comply with the requirements of the respective destination countries—therefore, EPR monitoring obligations for marketplaces focusing on foreign sellers play a particularly important role.
While monitoring obligations make international trade more complex, they also contribute to fairer, more sustainable, and safer conditions for end consumers.
Which documents must be submitted to online marketplaces to comply with monitoring obligations?
To fulfill their monitoring obligations, marketplaces require clear and verifiable documentation from sellers. Commonly requested documents include:
- EPR registration numbers (e.g. LUCID, WEEE number, Numéro Unique)
- Confirmations of participation in take-back schemes
- Proof of importer or manufacturer status
- Licensing certificates for packaging
- Evidence related to batteries or electrical equipment
Which documents are required depends on the specific country and product category. Nevertheless, it is essential to familiarize yourself with applicable packaging laws and other regulations at an early stage.
Liability risks for platforms and sellers
Violations of monitoring obligations can have serious consequences for online marketplaces. Liability ranges from administrative fines and operational restrictions to the complete suspension of individual sellers from the platform.
For sellers, missing registrations not only pose legal risks but also lead to economic losses, as their products may no longer be listed. Conversely, compliant sellers benefit from these regulations, as competitors without valid EPR documentation are increasingly excluded.
The future of monitoring obligations for online marketplaces
With the planned EU Packaging and Packaging Waste Regulation (PPWR), the next major shift is already on the horizon. Monitoring obligations for online marketplaces will continue to intensify in the coming years, particularly with regard to transparency, sustainability, and product safety. Marketplaces will increasingly be required to actively monitor compliance with legal requirements and prevent violations proactively.
As a result, monitoring obligations for online marketplaces are evolving into a European and international standard that structures the entire online trade ecosystem and assigns platforms a central role in consumer protection and the enforcement of fair market conditions.
If you have any questions in this area or require support, please feel free to contact us.
FAQ: Monitoring Obligations of Online Marketplaces
Why are marketplace monitoring obligations becoming increasingly important in Europe?
Monitoring obligations are being continuously expanded, primarily due to new EU regulations such as the Digital Services Act. Platforms are being held more accountable in order to protect consumers and ensure legally compliant sales conditions. For sellers, this means greater transparency—but also clearly defined requirements for their own registrations.
What role do monitoring obligations of online marketplaces play in consumer protection?
Monitoring obligations ensure that only verified and safe products are offered on marketplaces. By reviewing EPR data, platforms help identify dangerous or non-compliant goods at an early stage. This increases transparency for buyers and protects them from potential health risks. At the same time, fair competition is promoted, as illegal sellers are excluded.
What risks do online marketplaces face if they violate monitoring obligations?
If a marketplace neglects its monitoring obligations, it may face substantial fines, restrictions on platform functionality, or legal consequences. Authorities may also require the removal of specific products or the suspension of entire seller accounts. As marketplaces are considered central actors in online commerce, their monitoring role is increasingly subject to regulatory oversight. Consistent compliance with legal requirements is therefore essential.
What advantages does consistent compliance with monitoring obligations offer sellers?
Sellers who operate in compliance with EPR regulations gain clear competitive advantages, as non-registered providers are increasingly excluded. This increases the visibility of compliant listings and supports stable long-term revenues. In addition, proper documentation strengthens trust with marketplaces and consumers alike, positively impacting the overall business profile.
