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Digital Platforms & Marketplaces

Platform terms, seller agreements, DSA and P2B compliance, data protection, payment flows and consumer protection for marketplaces and online platforms.

Topics: Platform & seller termsDSA & P2BPayment flowsConsumer protectionData protection

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Who we advise

  • Online marketplaces and e-commerce platforms
  • Digital platforms and intermediary services
  • Multi-sided platforms connecting businesses and consumers
  • Digital service operators, app-based and subscription services
  • Sharing-economy and gig platforms

Specialisations

Business models we advise

Online Marketplaces
Multi-vendor marketplaces for goods and services: marketplace and seller terms, trader information, payment flows and consumer rules.
Digital Platforms & Intermediary Services
Hosting, content and community services, and their obligations and liability as intermediaries under the DSA.
Multi-Sided Platforms
Platforms that serve business users and consumers at once, and the P2B rules on terms, ranking and suspension for business users.
Digital Service Operators
Operators of online and app-based services, and how responsibility is shared with their providers and users.
Intermediary Business Models
Agency, commission and introducer models, and the point at which an intermediary becomes a regulated party.

Context

The regulatory landscape

A platform grows on the trust of the businesses and consumers it connects, and the law sets duties for what happens on both sides: the Digital Services Act for intermediaries, the P2B Regulation for their terms with business users who sell to consumers, and consumer and data protection rules wherever consumers and personal data are involved.

We advise platform operators on how their model is characterised — agent, intermediary or merchant of record — on platform and seller terms, and on the payment, consumer and data protection obligations that follow, so they can onboard sellers, take payments and enter new markets.

Typical matters

Where businesses need support

  • Platform terms

    Terms of service and marketplace terms that allocate responsibility clearly between the platform, sellers and users.

  • Seller and vendor agreements

    Onboarding, commission, fulfilment and liability terms with the sellers and providers who trade through the platform.

  • DSA and P2B compliance

    Notice-and-action, trader traceability and transparency duties under the Digital Services Act, and the P2B Regulation's rules for business users.

  • Data protection

    GDPR roles and privacy compliance for platforms processing personal data at scale and across borders.

  • Payment flows

    Collecting and paying out on behalf of users without inadvertently providing regulated payment services, and acquiring setups for marketplace models.

  • Consumer protection and liability

    Rules on rankings, reviews, pricing, subscriptions and cancellation, and when the platform itself is liable to consumers.

Services

How we help

  • Platform, white-label, B2B supply, SaaS, affiliate and outsourcing agreements, drafted and negotiated to close deals in regulated markets.

  • External DPO services and working privacy programmes: GDPR and global privacy laws, DPIAs, data mapping, transfers and ISO/IEC 27701.

  • Bank account opening, merchant accounts, acquiring, payment flows and safeguarding for international businesses, including gaming, crypto, forex and other high-risk models.

  • Regulatory, business model, perimeter, payment, gaming, crypto-asset and cross-border opinions that answer what banks and investors ask.

  • Trademark and patent registration, copyright, domain disputes and enforcement that protect your brand, software and content across markets.

  • Fractional CISO support, ISMS and security programmes, certification and audit readiness, DORA, NIS2 and customer assurance for enterprise sales.

Jurisdictions

Relevant frameworks

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Questions

Frequently asked

Does our marketplace need a payment licence?

It depends on whether the platform receives or controls funds on behalf of users, and on the exemptions available in the relevant markets — such as the EU commercial agent exclusion, which is interpreted narrowly. Many marketplaces use a licensed payment provider to hold and pay out funds; we map your flow of funds and set out the route that fits.

Does the Digital Services Act apply to a platform established outside the EU?

Yes, if it provides an intermediary service, such as hosting or an online platform, to users in the EU and has a substantial connection to the Union, for example a significant number of EU users or activities directed at member states. A provider without an EU establishment must designate a legal representative in the Union.

Setting up platform terms or payment flows?

Your platform's model, users and markets are our starting point. We agree which terms, payment flows and compliance points come first, then send a written proposal with scope, timetable and fee.