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Very negligent in terms of youth protection
eBay systematically tolerates the shipping of age-restricted items without the required age verification (e.g. shipping by letter/postal item, free shipping, total price < 8.18 €). This violates the Youth Protection Act (JuSchG), distorts competition to the detriment of retailers who comply with the law, and entails considerable liability risks. Despite being aware of this, eBay does not effectively intervene to protect buyers and sellers.
This constitutes a clear violation of the Youth Protection Act (JuSchG)
As a marketplace operator, eBay bears co-responsibility, because:
corresponding offers are technically enabled
known violations are not stopped
reports from market participants are not consistently pursued
Distortion of competition
Sellers who comply with the law and:
have to use age verification
thereby incur higher shipping costs
and correctly disclose these costs in the listing
are systematically disadvantaged, because providers who do not comply with the law appear to have a price advantage.
This represents a significant distortion of competition and favors unlawful behavior.
Risk and consequences
For retailers, there is a high risk of substantial fines
For the platform operator as well, there is a significant liability and reputational risk
In practice, youth protection is being undermined
When will ebay finally act and make the use of the postage function for DHL parcel shipping with age check a prerequisite for offering these items?
