E-commerce: Federal Council wants to tighten liability for Amazon & Co.

At the request of Baden-Württemberg, the Bundesrat passed a resolution on Friday to better protect consumers when shopping online. According to the resolution, online platforms should be liable for non-compliant products unless they can prove that an economic operator based in the EU is responsible for the product. In order to control online trade from third countries more effectively, "full liability" of the operators of shopping sites and online marketplaces such as Amazon, Shein or Temu is required.

As a last resort, blocking an entire platform until non-compliant offers are deleted could also be considered, emphasizes the Chamber of States. Online marketplaces should also be obliged to clearly and visibly inform consumers about the company's registered office, a return address and any costs incurred. This information must be clearly visible to customers before the contract is concluded to enable them to make an informed purchase decision. Currently, products that do not meet European standards often have to be destroyed by customs because they do not comply with environmental and health standards, for example.

The online trade must be controlled just as effectively as the stationary trade, it continues. The German government should advocate for a rapid abolition of the EU duty-free limit of 150 euros. The expansion of customs and security controls is a means of ensuring fair competitive conditions between European suppliers and sellers from third countries.

No majority for calls for a returns tax

From the Federal Council's point of view, it is also problematic that consumers hardly ever exercise their warranty rights when products are faulty. It seems almost hopeless for them to identify or contact the actual supplier. As the platforms often only act as intermediaries, it is currently hardly possible to hold them jointly liable. The government should therefore explore whether the operators' due diligence obligations could be tightened up. The planned Digital Fairness Act would be suitable for this.

The original proposal from Baden-Württemberg envisaged even stricter requirements such as a returns tax in the event of returns being necessary for legal reasons and a blanket warning on relevant platforms that the European requirements on product safety and consumer protection could not be enforced in some cases. However, this went too far for the majority of countries.

(nie)