Recital 78

LAW Official text

(78) Under the new complex business models linked to online sales, a business operating online can provide a variety of services. Depending on the nature of the services provided in relation to a given product with digital elements, the same entity may fall within different categories of business models or economic operators. Where an entity provides only online intermediation services for a given product with digital elements and is merely a provider of an online marketplace as defined in Article 3, point (14), of Regulation (EU) 2023/988, it does not qualify as one of the types of economic operator defined in this Regulation. Where the same entity is a provider of an online marketplace and also acts as an economic operator as defined in this Regulation for the sale of particular products with digital elements, it should be subject to the obligations set out in this Regulation for that type of economic operator. For instance, if the provider of an online marketplace also distributes a product with digital elements, then, with respect to the sale of that product, it would be considered to be a distributor. Similarly, if the entity in question sells its own branded products with digital elements, it would qualify as a manufacturer and would thus have to comply with the applicable requirements for manufacturers. Also, some entities can qualify as fulfilment service providers as defined in Article 3, point (11), of Regulation (EU) 2019/1020 of the European Parliament and of the Council if they offer such services. Such cases would need to be assessed on a case-by-case basis. Given the prominent role that online marketplaces have in enabling electronic commerce, they should strive to cooperate with the market surveillance authorities of the Member States in order to help ensure that products with digital elements purchased through online marketplaces comply with the cybersecurity requirements laid down in this Regulation.