European UnionEcodesign for Sustainable Products Regulation (ESPR), Article 35 (obligations of providers of online marketplaces)
Regulation (EU) 2024/1781, Article 35
In force since .
A notice and action rule binding private bodies.
- Obligation class
- Governance, Reporting
As of .
What it requires
- It reaches you if you provide an online marketplace, an intermediary service whose online interface allows customers to conclude distance contracts with economic operators for the sale of products covered by delegated acts adopted pursuant to Article 4: comply with Articles 11 and 30 of Regulation (EU) 2022/2065 for the purposes of the Regulation.
- At the request of a market surveillance authority and in specific cases, cooperate with it to facilitate any action taken to eliminate or, if that is not possible, to mitigate the non-compliance of a product that is or was offered for sale online through your services.
- If a market surveillance authority orders you, in accordance with Article 9 of Regulation (EU) 2022/2065, to act against one or more specific items of content referring to a product covered by a relevant delegated act that does not comply, including by removing them, act on the order. That content is illegal content within the meaning of Article 3, point (h), of that Regulation.
- Establish a single contact point for direct communication with Member States' market surveillance authorities in relation to compliance with the Regulation. It may be the same contact point as the one under Article 22(1) of Regulation (EU) 2023/988 or Article 11(1) of Regulation (EU) 2022/2065.
Who enforces it
Enforcement body
The market surveillance authorities of the Member States, on which Member States confer the power to order a provider of an online marketplace to act against content referring to a non-compliant product (Article 35(2)).
What this law does
Article 3, point (54), defines a provider of an online marketplace as a provider of an intermediary service using an online interface which allows customers to conclude distance contracts with economic operators for the sale of products covered by delegated acts adopted pursuant to Article 4. The heading of Article 35 reads Obligations of providers of online marketplaces and online search engines.
Article 35(1) provides that the general obligations in Articles 11 and 30 of Regulation (EU) 2022/2065 apply for the purposes of the Regulation. Article 35(1) also requires providers of online marketplaces to cooperate with the market surveillance authorities, at the request of those authorities and in specific cases, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the non-compliance of a product that is or was offered for sale online through their services.
Article 35(2) requires Member States to confer on their market surveillance authorities, for all products covered by a relevant delegated act adopted pursuant to Article 4, the power to order a provider of an online marketplace to act against one or more specific items of content referring to a non-compliant product, including by removing them, treats that content as illegal content within the meaning of Article 3, point (h), of Regulation (EU) 2022/2065, and provides that the authorities may issue such orders in accordance with Article 9 of that Regulation.
Article 35(3) requires providers of online marketplaces to establish a single contact point for direct communication with Member States' market surveillance authorities in relation to compliance with the Regulation, which may be the contact point referred to in Article 22(1) of Regulation (EU) 2023/988 or Article 11(1) of Regulation (EU) 2022/2065.
Article 74 requires Member States to lay down the rules on penalties applicable to infringements of the Regulation, and provides that they must at least be able to impose fines and a time-limited exclusion from public procurement procedures. Article 80 provides that the Regulation enters into force on the twentieth day following that of its publication in the Official Journal.
When LexLint raises it
When your app profile says your app operates an app store or operates a social platform.