Guide chapters
00 - How to use the guide01 - First choose the business and responsibility model, then build the marketplace02 - Construction plan: what must exist and when03 - Responsibility Matrix: Operator, Seller, and Suppliers04 - Seller Onboarding: Whom to Allow to Sell05 - Product card: information without which an offer cannot be published06 - GPSR: Product Safety in Practice07 - Product Category Gates08 - BDO, packaging, and EPR: who is actually responsible09 - Consumer Law: Sale, Withdrawal, and Complaint10 - Prices, Promotions, Ranking, Advertising, and Reviews11 - Payments, Payouts, VAT, and Sales Documents12 - GDPR without myths: what to record, where, and on what basis13 - DSA: reporting, moderation, and seller traceability14 - P2B: fair rules for business users15 - DAC7: seller data and annual reporting16 - E-commerce accessibility from June 28, 202517 - Cybersecurity and KSC/NIS218 - Retention: How long to store data and evidence19 - Post-launch operations: calendar and owners20 - Four business models - specific decisions21 - Document and Procedure Package to Prepare22 - GO / NO-GO Checklist Before Launch23 - Most Common Misconceptions24 - Sources and Update Principle§ - Important Disclaimer Regarding the Nature of the Material
Chapter 01
First choose the business and responsibility model, then build the marketplace
The biggest mistake of a small marketplace is starting with a catalog, cart, and payments without determining who actually sells, accepts money, packs, imports, and handles complaints. These decisions change almost every subsequent obligation.
Base model recommended for small and medium-sized operators#
In a safe starting model:
- each product has a clearly indicated seller;
- the buyer enters into a sales agreement directly with the seller;
- the operator provides an intermediation service and does not take title to the goods;
- a licensed payment provider distributes funds and conducts the KYC required for payments;
- the seller is responsible for product compliance, shipping, withdrawal, complaint, and sales documentation;
- the operator is responsible for the interface, information, verification required by regulations, evidence, moderation, and case referral;
- the operator does not import, repackage, or apply its own brand until a separate compliance process is launched.
Actions that change the operator from an "intermediary" to an entity with greater responsibility#
| If the operator… | The risk arises that… | What to do before launching |
|---|---|---|
| sells its own goods | becomes the seller and distributor, and sometimes the manufacturer or importer | Separate own offers from others, assign consumer, product, VAT, and BDO responsibility. |
| offers goods under its own brand | becomes the manufacturer, even if someone else physically produces it | Implement the full manufacturer process: risk analysis, documentation, batch identification, warnings, recalls, and product category. |
| imports goods from outside the EU | becomes the importer or participates in import | Verify the manufacturer, the responsible person in the EU, documentation, labeling, VAT/customs, EPR/BDO, and traceability. |
| stores and packs orders | may be responsible for packaging, and the scope of its influence on the product increases | Establish BDO for materials added during fulfillment, control of batches, returns, and recalls; include the division of roles in the agreement. |
| collects money itself and later pays the seller | may provide a regulated payment service | Suspend this model pending written analysis. Use a licensed PSP with marketplace services as standard. |
| sets the final price, sales conditions, and communication as the owner of the goods | may be considered the de facto seller in relation to the consumer | Unify communication with agreements or consciously assume the role of seller and all its obligations. |
Decisions that must exist in a single “model document”#
Before inviting the first seller, the management approves a short document describing:
- Who is a party to the sales agreement and where the buyer sees this information.
- Who issues the receipt or invoice.
- Who sets the price, promotion, delivery cost, and deadline.
- Who accepts withdrawal, complaints, and refund requests.
- Who packs and ships, and who accounts for packaging.
- Who imports, if the product comes from outside the EU.
- Who stores product documentation and handles recalls.
- How the PSP accepts funds, verifies the seller, makes distributions, and handles chargebacks.
- Who is the data controller in each process.
- Which categories, seller countries, and delivery destinations are allowed at the start.
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