BT-REQ-1940 Consumer Holiday Guide 2023 v9 BH - Flipbook - Page 7
the e-Commerce Directive, the new law
introduces detailed rules and mandatory
procedures for the moderation of
third-party online content (including
listings from independent sellers).
Online marketplaces will need to vet the
sellers before allowing them to list on
their platforms, and to conduct checks
in o昀케cial databases to identify illegal
products. Once becoming aware of
illegal products (such as counterfeits),
providers will also need to proactively
inform the consumers who purchased
these products about the illegality and
the consumers’ redress options.
The OSA, the UK’s answer to protecting
users from illegal online content,
imposes obligations on online platforms,
including marketplaces, which are
accessible to UK users, to protect those
users from illegal content and activity
which amounts to a criminal o昀昀ence.
This includes requirements to take
steps to remove illegal goods, such as
drugs and weapons, being sold on the
platform. In certain cases, the OSA also
requires platforms to take proactive
measures to protect consumers, such
as automated scanning of the service,
to tackle certain types of fraudulent
content and activity that can occur on
online marketplaces, such as phishing
scams and credit card fraud.
All of this is just a glimpse of what this
year’s holiday season has in store for
brand owners, consumers and online
intermediaries alike. We are happy to
advise you on the frameworks and their
interplay with existing and upcoming
laws of the moving legal landscape.
Happy holidays – and happy shopping!
