New ElektroG3: audit obligation for online marketplaces and fulfilment service providers

The amended Electrical and Electronic Equipment Act makes operators of electronic marketplaces and fulfilment service providers responsible for the first time. In future, they must check whether the manufacturers of the products sold on their platform are registered with stiftung ear. 

Where a manufacturer or its authorised representative is not registered or not properly registered,:

  • distributors shall not offer for sale the products of that manufacturer,
  • electronic marketplace operators from offering or making available that manufacturer's products; and
  • fulfilment service providers from stocking, packing, addressing or shipping that manufacturer's products.

It is fact that no manufacturer should be given access to the market who evades his obligations. The ElektroG3 thus creates a further lever for enforcement and reduces competitive disadvantages for those who behave in a legally compliant manner.

The new audit obligation is to apply with a transitional period of one year from 2023.

You are trader for electronic devices? You are unsure, if you fulfill all your ElektroG obligations correctly? Feel free to contact us!

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