In short. Article 6a requires disclosure of a seller's declared trader status, a consumer-rights warning for non-trader sales, and any sharing of contractual obligations.
Definition: A trader is a person acting for purposes relating to their trade, business, craft or profession. Article 6a of the EU Consumer Rights Directive requires marketplaces to disclose the seller's declared trader status, warn about consumer rights for non-trader sales, and explain any sharing of contractual obligations.
Key facts
- Article 6a(1)(b) of the Consumer Rights Directive bases the status disclosure on the seller's declaration to the marketplace.
- The European Commission's interpretation guidance says the consumer-rights warning must accompany the non-trader status information, concisely and as prominently as possible.
- In the consolidated text dated 27 September 2026, Article 6a(1)(d) requires an explanation of how contractual obligations are shared, where applicable.
Which sellers and transactions are covered?
Article 2(17) of the Consumer Rights Directive defines an online marketplace as a service using software, including a website or application, that allows consumers to conclude distance contracts with other traders or consumers. Article 6a(1)(b) covers third parties offering goods, services or digital content.
The Commission guidance explains that the marketplace transmits the supplier's declaration to the consumer and may rely primarily on that declaration. The legal definition of a trader still applies: the guidance identifies incorrect declarations of non-trader status as falling under the prohibition on traders pretending to be non-traders in Annex I, point 22, of the Unfair Commercial Practices Directive.
What must appear before the purchase?
Under Article 6a(1) of the Consumer Rights Directive, the information must reach the consumer before they are bound by a distance contract or corresponding offer. It must be clear, comprehensible and appropriate to the means of distance communication.
Article 6a(1)(c) requires a warning that rights stemming from EU consumer protection law do not apply to the contract where the seller is a non-trader. The Commission guidance says this warning accompanies the declared non-trader status. It identifies the right of withdrawal as an example of the protection consumers would normally expect when buying from a trader.
Who is responsible for delivery or withdrawal handling?
Article 6a(1)(d) of the Consumer Rights Directive requires the marketplace to explain, where applicable, how obligations relating to the contract are shared with the third-party seller.
The Commission guidance explains that this includes responsibilities the marketplace assumes towards the consumer. Drawing on recital 27 of the amending directive, it gives two possible disclosures: the third-party trader is solely responsible for ensuring consumer rights, or the marketplace assumes specific responsibilities, such as delivery or handling the exercise of the right of withdrawal.
Related terms
- What trader information must an online marketplace collect under the DSA?
- What product information must a marketplace enable traders to provide?
FAQ
Can I put the responsibility disclosure only in standard terms?
The Commission guidance, referring to recital 27, says the information should be clear and comprehensible and should appear beyond standard terms or similar contractual documents.
Does the disclosure remove the marketplace's legal responsibility?
Article 6a(1)(d) of the Consumer Rights Directive preserves any responsibility that the marketplace or third-party trader has under other EU or national law.
Can national law require additional information?
Article 6a(2) of the Consumer Rights Directive permits additional national information requirements for marketplace providers. They must be proportionate, non-discriminatory and justified on consumer protection grounds.
Sources
- EUR-Lex, "Consumer Rights Directive 2011/83/EU", consolidated 28 May 2022
- European Commission, "Guidance on the interpretation and application of Directive 2011/83/EU on consumer rights", 29 December 2021
- EUR-Lex, "Consumer Rights Directive 2011/83/EU", consolidated 27 September 2026
Check how a page reads to answer engines. Open the GEO score analyzer