German Regulator Says eBay Violated Digital Services Act User Rights

Liz Morton
Liz Morton


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Germany’s Digital Services Coordinator says eBay violated multiple user rights provisions of the European Union’s Digital Services Act, calling on the marketplace to fix problems with illegal content reporting, enforcement explanations and seller traceability.

The regulator said it opened proceedings against eBay in early January 2026 after reviewing user complaints, conducting its own inquiries and receiving additional information from French consumer protection agency DGCCRF through France’s Digital Services Coordinator, Arcom.

After evaluating eBay’s responses and carrying out further investigation, the DSC said it found violations of several DSA requirements.

“The Digital Services Coordinator at the Federal Network Agency has identified violations of several provisions of the Digital Services Act during investigations into the online marketplace eBay,” the agency said in a July 6 press release. “He has requested eBay to comment on these violations and to rectify them. This does not yet constitute a final decision.”

Johannes Heidelberger, head of the DSC, said eBay now has the opportunity to respond and correct the problems.

“If the company does not comply with our order, we will take further action,” Heidelberger said. “Users must be able to rely on their rights being protected in the digital space. That is the standard by which we are assessing eBay’s case.”

The first problem identified by the regulator involves eBay’s reporting and redress procedures.

Under the DSA, online platforms must provide an easily accessible and user-friendly process for reporting allegedly illegal content. The DSC says eBay has not implemented that requirement correctly, specifically calling out the desktop version of eBay’s reporting process as not easily accessible and generally not user-friendly.

That finding is especially relevant for a marketplace where buyers, sellers, brands, regulators and law enforcement may need to report listings involving counterfeit goods, unsafe products, illegal weapons, fraud or other prohibited activity.

As Value Added Resource previously reported, French authorities raised concerns earlier this year about illegal weapons listings on eBay as part of a broader regulatory inquiry into prohibited goods available through online marketplaces.

eBay Compliance Failures Exposed As Illegal Weapons Listings Lead To French Regulatory Inquiry
eBay faces a French investigation after authorities find illegal weapons for sale in a sweeping probe targeting major online marketplaces.

The German DSA action shows European regulators are looking at more than whether illegal or prohibited items appear on the site - they're also asking whether eBay’s own systems make it easy enough for users to flag those problems when they find them.

The second issue goes directly to one of sellers’ longest-running complaints about eBay enforcement: vague or insufficient explanations when listings are removed, content is restricted or accounts are suspended.

The Bundesnetzagentur says eBay did not fully comply with DSA rules requiring platforms to justify measures taken against users. Providers must tell users why action was taken, and that information must be clear, understandable and precise enough for users to understand the decision and exercise their rights.

The DSA does not eliminate platform enforcement discretion, but it does impose procedural obligations around transparency and redress. If eBay removes a listing or suspends an account in the EU, users are supposed to get enough information to understand what happened and meaningfully appeal.

Sellers have long said eBay’s enforcement decisions can be opaque, inconsistent and difficult to challenge, with notices that cite broad policy categories without clearly explaining what was wrong or what evidence was used.

The third issue involves trader traceability, a marketplace-specific DSA obligation meant to help protect consumers from online fraud through clear seller information and reliable contact options.

The DSC says eBay has not adequately implemented those rules and that mandatory seller information is not easily and user-friendly accessible on the platform.

The action is not a final decision and does not include a fine at this stage. However, the regulator made clear the matter can escalate if eBay fails to correct the violations.

“eBay now has the opportunity to respond to the identified violations and take corrective action,” the agency said. “If the company fails to rectify the violations, the DSC can order measures to ensure compliance with the DSA guidelines. A fine may be imposed to enforce compliance.”

In response, eBay reportedly pushed back on the allegations, saying it takes its DSA obligations seriously and believes it has carefully implemented the legal requirements.

“We are in close and constructive dialogue with the Federal Network Agency on these issues and will continue this dialogue as the proceedings progress,” eBay said, according to German press reporting.

The DSA action follows separate German privacy scrutiny that began in 2025 after eBay announced plans to use personal data for AI development and training.

German Regulator Questions eBay’s Plans To Train AI On User Data
German privacy regulator receives complaints about eBay’s AI training plans, says more info needed to comply with transparency requirements.

This DSA proceeding is different, but the overlap is important. In both cases, German regulators are questioning whether eBay’s systems give users enough transparency, control and practical ability to exercise their rights.

The latest action also comes as eBay is trying to complete its planned $1.2 billion acquisition of Depop from Etsy, a deal which is still under regulatory review in the UK.

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The company also remains under enhanced compliance monitoring in the US tied to the 2019 cyberstalking scandal and questions about internal compliance culture.

eBay has recently been hiring for roles tied to M&A integration, regulatory programs, crisis management, data and AI governance following high-level departures that left leadership of key risk and privacy functions in flux.

As Value Added Resource previously reported, Chief Risk and Compliance Officer Ryan Jones left the company in October 2025, and Chief Privacy Officer, VP AI and Data Responsibility Anna Zeiter departed earlier this year.

eBay Risk & Compliance Leadership Back in Flux Following Ryan Jones’ Departure
eBay’s Risk and Compliance leadership is again in transition after Ryan Jones’ exit, renewing questions about governance and oversight.

The proceedings remain open, with eBay’s next response determining whether the matter stays at the corrective-action stage or moves into formal enforcement.

eBayLegal

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Liz Morton is a 17 year ecommerce pro turned indie investigative journalist providing ad-free deep dives on eBay, Amazon, Etsy & more, championing sellers & advocating for corporate accountability.


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