An electronic commerce intermediary service provider is the party supplying the electronic environment in which other parties' goods or services are offered for sale. Marketplaces fall within this definition; a business selling its own products on its own site counts as an electronic commerce service provider.
The distinction determines the obligations. An intermediary service provider is responsible for checking the accuracy of seller information, responding to notices of unlawful content and, above a certain scale, meeting additional reporting and licensing obligations. For a business selling on a marketplace, the practical consequence is that responsibility for product compliance and content accuracy stays with the seller, and the marketplace can take a listing down quickly upon notice. A business that hosts other sellers on its own site can fall into this status without realizing it.
The distinction determines the obligations. An intermediary service provider is responsible for checking the accuracy of seller information, responding to notices of unlawful content and, above a certain scale, meeting additional reporting and licensing obligations. For a business selling on a marketplace, the practical consequence is that responsibility for product compliance and content accuracy stays with the seller, and the marketplace can take a listing down quickly upon notice. A business that hosts other sellers on its own site can fall into this status without realizing it.
The distinction determines the obligations. An intermediary service provider is responsible for checking the accuracy of seller information, responding to notices of unlawful content and, above a certain scale, meeting additional reporting and licensing obligations. For a business selling on a marketplace, the practica…
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