DST18200 | Online Marketplace - Intended Scope

The online marketplace definition is intended to be broad and include all forms and types of online marketplace. If a main purpose of the online service is to facilitate transactions between third party users then it will be in scope, irrespective of the nature of the transaction, the characteristics of the users involved or the extent of the marketplace provider’s activities in facilitating that sale.

This means it does not matter:

• whether the online service facilitates business to consumer (B2C), business to business (B2B) or consumer to consumer (C2C) transactions

• which goods, services or property are exchanged

• whether the online service provides the facility for transactions to be concluded on the platform or not

• whether the provider plays an active role in regulating the quality of goods, services or properties offered through the online service

• how active or passive the online service is

• whether the provider adds significant value to the goods, services or other property available on the marketplace by adding additional services such as delivery or other logistical functions

Goods, services or other property is intended to include a wide range of activities and items. Most activities within the gig or sharing economy would be within the intended scope.

Whether a service matches the definition of an online marketplace will depend on the particular facts and circumstances of that online service.

The definition is not intended to cover the online sales of e-commerce retailers or online sales generally. It only covers cases where the business acts as an intermediary and matches buyers and sellers.