Regulation 20 Online marketplace operators

(1)

In these Regulations, an “online marketplace operator” means, in relation to an online marketplace, the person who controls access to, and the contents of, the online marketplace provided that the person is involved in—

(a)

determining any terms and conditions applicable to the sale or other supply of the goods supplied on the online marketplace;

(b)

processing, or facilitating the processing, of payment for those goods; and

(c)

the ordering or delivery, or facilitating the ordering or delivery, of those goods.

(2)

An online marketplace operator is a producer in relation to—

(a)

any packaging on items which are—

(i)

supplied on the online marketplace by a non-UK supplier; and

(ii)

received in the United Kingdom; and

(b)

subject to paragraph (3), any unfilled packaging which is—

(i)

supplied on the online marketplace by a non-UK supplier, to a business other than a large producer which is a brand owner, packer/filler or first UK owner; and

(ii)

received in the United Kingdom.

(3)

But an online marketplace operator is not a producer in relation to unfilled packaging described in paragraph (2)(b) if a large producer who is a brand owner, a packer/filler or a first UK owner is the producer in relation to that packaging under regulation 16, 17 or 18(4) once the packaging is filled.

(4)

In this regulation “non-UK supplier” means a person who—

(a)

supplies goods on an online marketplace in the course of business; and

(b)

is not established in the United Kingdom.