Why do eBay continue to allow Private Sellers to list multiple listings of multiple new items

[lupo-store]

In my opinion these sellers are operating as businesses.

I have spoken to Concierge many times.  Whilst I applaud the changes eBay have made with Buyer protection fee and Simple delivery (to discourage businesses operating on private accounts) they could solve all this issue FAST.

Just stop the renewal of private seller listings at time of auto renew if they are new condition with a quantity greater than 1.

[m25jet]

If these business sellers trading on private seller accounts are bringing in enough money for eBay, then I can understand why eBay would appear to be willilng to turn a blind eye to it.  Having said that, however, I would like to emphasise that I do not agree with eBay's practice of allowing business sellers to trade on private selling accounts, especially when they have been reported and clear examples given to support any allegations that the seller in question is clearly not a private seller!

[forestfeline62]

It is probably all Ai operated so they can't  understand messages or complaints ,you ask to speak to an Agent it is like being on a different planet .

[lupo-store]

I am in concierge and they all agree with me.  Its VERY perplexing as to why eBay seem to think anyone who is a private seller should have multiple new items for sale.

[lupo-store]

GDPR business requirements. What happens if a business is on a private account on eBay. Are they breaking GDPR laws?  

If a business operates on eBay under a **private account** rather than a **business account**, it could potentially be in breach of **GDPR (General Data Protection Regulation)** and **consumer protection laws**. Here’s why:

### **1. GDPR Compliance Issues**
- **Data Processing Transparency:** Under GDPR, businesses must be transparent about how they collect, store, and use personal data. If a business is operating under a private account, it may not be providing the necessary privacy notices or following GDPR requirements.
- **Legal Basis for Processing Data:** Businesses processing customer data must have a legal basis (e.g., contract, consent, or legitimate interest). If operating as a private seller, the business may not be informing customers correctly.
- **Data Subject Rights:** Customers have the right to request data access, rectification, or deletion. A business must be able to fulfill these rights, which may be difficult if it is not properly structured as a business account.
- **Security Measures:** GDPR requires appropriate security measures to protect customer data. A business using a private account may not be meeting these standards.

### **2. Consumer Law Issues**
- **Misrepresentation:** eBay and UK consumer law require businesses to clearly identify themselves. Selling as a private seller while actually operating as a business could be seen as misleading and could violate the **Consumer Rights Act 2015**.
- **Returns & Refunds:** Business sellers must comply with consumer protection laws, including offering a **14-day return period** under UK **distance selling regulations**. Private sellers are not required to do this, which could be misleading to customers.
- **Trading Standards & eBay Policy:** eBay requires businesses to register as business sellers. If a company hides its business status, eBay could take action against the account.

### **Potential Consequences**
- **Regulatory Fines:** GDPR breaches can result in fines of up to €20 million or 4% of annual global turnover.
- **eBay Account Suspension:** If eBay identifies a business operating under a private account, they may suspend or restrict the account.
- **Legal Action:** Customers or regulatory bodies (like the **ICO in the UK**) could take legal action for failing to meet GDPR or consumer protection obligations.

### **What Should a Business Do?**
1. **Register as a Business Seller on eBay** to comply with eBay’s terms and consumer law.
2. **Ensure GDPR Compliance** by having a privacy policy and proper data handling procedures.
3. **Clearly Identify as a Business** to avoid misleading customers and breaking consumer law.

If a business is using a private account to avoid legal responsibilities, it is likely in **breach of GDPR and consumer law**, which could lead to enforcement actions.

[lupo-store]

GPSR business requirements. What happens if a business is on a private account on eBay. Are they breaking GDPR laws

### **GPSR (General Product Safety Regulation) Business Requirements & eBay Private Accounts**

If a business operates under a **private account** on eBay rather than a **business account**, it could **breach both GPSR (General Product Safety Regulation) and GDPR (General Data Protection Regulation)**, as well as **consumer protection laws**.

---

## **1. GPSR Compliance Issues**
Under the **General Product Safety Regulation (GPSR) 2005** (which has been updated in the UK post-Brexit), businesses must ensure that **all products sold to consumers are safe** and meet legal requirements, including:

### **A. Business Identification**
- Businesses **must clearly identify themselves** when selling products to consumers.
- Selling as a private seller **while actually being a business** could be considered **misleading** under consumer protection laws.
- Authorities such as **Trading Standards or the Office for Product Safety and Standards (OPSS)** can investigate and take action.

### **B. Product Safety Responsibilities**
- **Traceability**: Businesses must keep **records of suppliers and customers** to enable recalls and compliance checks.
- **Safety Compliance**: Products must meet **UKCA marking (or CE marking in the EU), labelling, and testing** requirements where applicable.
- **Product Recalls**: Businesses must have a **system to notify customers** in case of a product recall, which is difficult if they are falsely operating as a private seller.

### **C. Responsible Person Requirement** (For Certain Products)
- If selling **certain regulated products**, a **Responsible Person (RP) must be designated** to ensure compliance.
- The seller may **avoid liability by hiding under a private account**, but this could lead to **legal consequences** if a product is unsafe.

### **D. eBay Policy & Enforcement**
- eBay requires **businesses to register as business sellers** and comply with **UK GPSR and consumer laws**.
- If eBay identifies that a business is **posing as a private seller**, the account could be **suspended or permanently banned**.

---

## **2. GDPR Compliance Issues**
If a business processes **customer data** (e.g., names, addresses, payment details) while **disguising itself as a private seller**, it may also be in **breach of GDPR** because:

- **Lack of Transparency**: Businesses must provide a **privacy policy** explaining how customer data is collected and used. A private account likely lacks this.
- **Failure to Process Data Lawfully**: Businesses must have a **legal basis** for processing personal data, such as fulfilling orders.
- **Right to Erasure & Access**: Customers have GDPR rights to **request their data** or ask for it to be deleted. A business using a private account may not have proper systems in place to handle these requests.
- **Fines & Legal Action**: The **ICO (Information Commissioner's Office)** can issue **GDPR fines of up to €20M or 4% of global turnover** for non-compliance.

---

## **3. Consumer Law Violations**
Aside from GPSR and GDPR, the business may also be violating:

- **Consumer Rights Act 2015** – Businesses must **clearly state** their identity, **offer 14-day returns**, and ensure that products are of satisfactory quality.
- **Misrepresentation** – Operating as a private seller while actually being a business could be classed as **misleading consumers**, leading to action from **Trading Standards**.

---

## **4. Potential Consequences**
🔴 **Legal Penalties** – **Fines from Trading Standards, OPSS, or ICO** for non-compliance.
🟠 **eBay Account Suspension** – If eBay detects a business using a private account, they may **suspend or ban** the account.
🟢 **Customer Complaints & Refund Claims** – Customers could **report the seller** or request refunds under consumer laws.

---

## **5. What Should a Business Do?**
✅ **Register as a Business Seller on eBay** to comply with GPSR and consumer law.
✅ **Ensure Product Safety Compliance** (traceability, UKCA/CE markings, and safety records).
✅ **Meet GDPR Requirements** (have a privacy policy, process data legally, and respect customer rights).
✅ **Clearly Identify as a Business** to avoid fines, bans, or legal action.

### **Summary**
If a business **sells products on eBay under a private account**, it may **breach GPSR, GDPR, and consumer law**. This can lead to **fines, bans, or legal action** from authorities like **Trading Standards, OPSS, and the ICO**.

[lupo-store]

So basically if you encounter a business on a private account they can be sued under GPSR and GDPR.  Last year a guy sued me as my cookie consent form on my website failed.  Sued me for £500,  We settled for £100 under mediation.  He was whats called a 'cookie troll'.  

If I was machiavellian I would sue every private seller selling brand new items and clearly a business.  Would be a good cottage industry.

[buffster1963]

You would find plenty of them to sue over on seller central at the moment. They have all come out of the woodwork to moan about the buyer protection charges and having to wait for their money. 

[forestfeline62]

Probably all chinese sellers with terrible feedback but ebay say they are top sellers ,REALLY ? 

[gemini-project]

I have seen plenty of "private " sellers selling multiples of the same new item but as far as i'm concerned something from a private seller can't be new, i'm not sure what the other options eBay give, maybe "as new never used" would be a good option. 

[ruby*ryan]

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@gemini-project wrote:

I have seen plenty of "private " sellers selling multiples of the same new item but as far as i'm concerned something from a private seller can't be new, i'm not sure what the other options eBay give, maybe "as new never used" would be a good option. 

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Quite - the problem with condition terms is down to eBay.
The lack of action on unregistered business sellers is also down to eBay.

There will always be people who try and dodge rules/laws, it is down to eBay to make sure they are on top of things. But they aren't, not by a very long way. They just come up with idiotic ideas that alienate proper private sellers, and then community staff can say, 'Look at the boards, people are being made to register as a business'. Yes, eBay a very, very few, some of whom were dolphins anyway. The problem is still there, you haven't fixed anything.