Dig­i­tal Services Co­or­di­na­tor at the Bun­desnet­za­gen­tur calls on eBay to up­hold us­er rights un­der the Dig­i­tal Services Act

Year of issue 2026
Date of issue 2026.07.06

The Digital Services Coordinator (DSC) at the Bundesnetzagentur has identified infringements of various provisions of the Digital Services Act (DSA) in an investigation into online marketplace eBay. The DSC has called on eBay to respond and to terminate the infringements. This does not yet represent a final decision.

"eBay now has the opportunity to comment on the infringements and to remedy them. If the company does not comply with our order, we will take further measures," said DSC Head Johannes Heidelberger. "Users must be able to rely on their rights being protected in the digital sphere. That is the benchmark that we are looking at in the case of eBay."

Proceedings against eBay

The DSC launched proceedings against eBay in early January 2026. The probe was triggered by findings from user complaints as well as the Bundesnetzagentur’s own investigations. The French consumer protection authority DGCCRF had also gathered evidence that the French DSC (Arcom) passed on to its German counterpart.

Having evaluated eBay’s answers and on the basis of further investigations, the DSC has identified the following infringements:

• Notice and action mechanism rules were not properly implemented. Under the DSA, online platforms are required to have in place an easy-to-access and user-friendly mechanism to report content the user considers to be illegal. eBay’s notice mechanism is not easy to access in the desktop version, in particular, and in general does not have a user-friendly design.
• Provisions regarding the statement of reasons for measures against users were not fully complied with. Providers have to inform users of the reasons for measures, for example when content is removed or accounts locked. This information must be clear, comprehensible and precise so that users can understand the measures taken and effectively exercise their rights.
• The rules on the traceability of traders were not sufficiently implemented. Consumers should be better protected from online fraud by clear information on the seller and binding contact options. This compulsory information cannot be found in an easy and user-friendly manner on eBay.

eBay is a globally recognised online marketplace with a leading position in Germany on which mostly commercial sellers offer goods and services to consumers. Its main establishment in the European Union is in Germany, which is why the German DSC is responsible for enforcing the provisions of the DSA.

Next steps

eBay now has the opportunity to respond to the infringements identified and take remedies. If the provider does not terminate the infringements, the DSC can order measures for compliance with the DSA provisions. A periodic penalty payment may be imposed for enforcement purposes.

Tasks of the Digital Services Coordinator at the Bundesnetzagentur

The DSC, based at the Bundesnetzagentur, is the central coordinating body for enforcement of the DSA in Germany. It monitors intermediary services, including online platforms, for compliance with their obligations. It acts as a central point for complaints from online users about infringements of the DSA and coordinates cooperation between competent authorities in Germany and the EU. The DSC certifies out-of-court dispute settlement bodies and trusted flaggers. It handles applications by researchers to gain access to the data of very large online platforms (VLOPs) and very large online search engines (VLOSEs).

In its enforcement of the DSA, the DSC works together with the Federal Agency for Child and Youth Protection in the Media (BzKJ), the media authorities of the federal states, the Federal Commissioner for Data Protection and Freedom of Information (BfDI), the European Commission and the DSCs of other Member States.