Selling on Amazon, eBay, Etsy, or global B2B marketplaces often feels like "outsourcing the problem": collections, logistics, customer service, and seemingly, part of the risk.
But when a complaint arises (unsafe product, mass return, accusation of misleading advertising, account blocking, consumer inspection or cross-border conflict), the marketplace ceases to be an umbrella and becomes an amplifier: it concentrates incidents, withholds funds and demands proof in very short timeframes.
If you run a technology company or an e-commerce business with international clients, you've probably asked yourself: How far am I responsible, and how do I reduce the damage before it escalates?
Who is responsible to the customer
In most transactions, the purchase agreement (or digital content/service supply agreement) It is celebrated between the buyer and the seller, although the payment and interface go through the platform.
This has a direct effect: the first party responsible for complying with consumer rights, guarantees, pre-contractual and after-sales information You are usually the seller.
The platform may have its own obligations (for example, removing illegal ads or improving traceability), but that does not replace your responsibility as a seller towards the consumer.
In the EU, the Digital Services Regulation (DSA) It is designed to organize the ecosystem of intermediaries and marketplaces.
It came into force on November 16, 2022 and is generally applicable from February 17, 2024 (with some provisions applicable beforehand and a specific timetable for very large platforms/engines after their designation).
If you sell to the EU: withdrawal, guarantees and compliant product
When you sell B2C within the EU, the standard of consumer protection is high and very harmonized.
- WithdrawalIn distance purchases, the consumer generally has the right to 14 days to withdraw without needing to justify the reason (with nuances and exceptions). If you don't provide proper information, the risk isn't just reputational; you can extend deadlines and complicate the financial closing of the deal.
- Legal guarantee. In Spain, for goods purchased from January 1, 2022The minimum legal warranty for new consumer goods increased from 2 to 3 years. For second-hand goods, seller and buyer can agree on a shorter warranty, but never less than 1 year.
This matters even if you sell through a marketplace: if the buyer claims non-conformity, you must be able to prove conformity, use, instructions, traceability and, where applicable, repair/replacement. - Digital content and services (apps, licenses, subscriptions, digital functionalities sold as a product). Spain adapted its regime with the Real Decreto-ley 7/2021incorporating a more demanding framework for compliance and certain duties related to updates and operation.
Unsafe product: the point where the conflict becomes existential
The biggest black swan event in international marketplaces isn't the refund: it's the product safety.
From the December 13th 2024 is applicable Regulation (EU) 2023 / 988 (GPSR), which updates the general product security framework and strengthens obligations for online sales.
There are two ideas that a CEO must internalize:
- There must always be a “responsible economic operator” in the EU for the product: manufacturer, importer, authorized representative or logistics service provider (as applicable).
If your supply chain is diffuse (dropshipping, indirect import, white label), the risk is that the responsibility will "come back" to you.
- If there is a serious incident, the response may involve recallcooperation with authorities and notifications through mechanisms such as Safety Business Gateway, which the regulation itself contemplates for security communications.
November 2025The European Commission published a Communication with guidelines for the practical application of the Safety Business Gateway portal (notification channel provided for in the GPSR).
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Damages caused by a defective product: when the case falls under civil liability
Another distinct layer is the liability for damages (injuries, property damage, etc.).
- In Spain it is systematized in the Consolidated Text of the General Law for the Defense of Consumers and Users (TRLGDCU), which integrates the liability regime for defective products.
- And pay attention to the European trend: the EU approved a new Directive (EU) 2024/2853 on liability for defective products, which repeals 85/374/EEC and modernizes the approach for complex chains and digital components.
It is published in the Official Journal of the European Union and in force, with an obligation for national transposition. no later than December 9, 2026.
Taxation: the silent mistake that can end in a penalty
In intra-community B2C sales, VAT may require you to apply the rate of the destination country and declare accordingly.
The regime of Single Window (OSS) It allows declaring in a single Member State the VAT accrued in others, avoiding multiple registrations (depending on the case).
The Spanish Tax Agency (AEAT) explains this in its guide for sellers.
Furthermore, the EU is making its move with the package “VAT in the digital age (VIDA)”, adopted in 2025, with progressive implementation in the coming years.
This matters because marketplaces and logistics operators increasingly demand more consistent documentation (invoicing, records, traceability), and tax errors ultimately translate into withholdings, internal audits and suspensions.
Seller traceability and immediate suspension
With the DSA, platforms must reinforce the traceability of tradersBut the critical point is that The seller is responsible for the accuracy of the information provided.And if you don't deliver what's required, the platform may suspend you.
Executive decision: how to reduce exposure without slowing sales
There are three damage control levers that work:
- Clarity of role in the chainManufacturer, importer, distributor, private label?
- Required documentation in case of an incident: data sheets, manuals, conformity tests, logs/series/batches and supplier-to-customer flow.
- Crisis plan: what do you do if there is a security alert, mass refund or account block (who decides, what is communicated, what evidence is preserved).
The responsibility of the Spanish seller in international marketplaces is operational and reputational.
And when conflict arises, the company that decides quickly with evidence gains the advantage.
FAQ
Normally not: it may mediate and have its own obligations, but the seller is usually primarily responsible for compliance with consumer rights and product conformity.
In general, in B2C distance sales the consumer has 14 days to withdraw, with exceptions (e.g., certain digital content once executed under conditions).
If you sell to consumers and the applicable regime is Spanish (or the consumer cannot be deprived of their minimum protection), that reference exists in Spain for new goods since 2022.
Yes, because of how safety obligations and the responsible economic operator requirement are structured in the EU, responsibility can fall on whoever introduces/markets the product and must be able to answer to authorities and consumers.
The GPSR strengthens obligations and coordination, with a special focus on online sales and traceability, and relies on guidelines and notification channels such as Safety Business Gateway.
RRYP Global, lawyers of international technology contracts.
