Refurbished tech in Europe: marketplaces must navigate complex compliance and other standards – But where does responsibility end?

This question is not just about legality. It is also about ethics, consumer protection, and trust in the growing circular tech economy.

A real-world test: buying a used phone online

To explore the responsibilities of marketplaces, we conducted a simple test: purchasing a refurbished phone through one of Europe’s many platforms. For the purposes of this investigation, we’ve chosen not to name the specific marketplace, as it adds little to the broader story.

The device we selected was a refurbished Google Pixel 7a. It arrived quickly and looked brand new, an encouraging start that initially inspired confidence in the platform’s quality assurance processes.

From pristine to problematic: the device raises red flags

But upon closer inspection, things didn’t quite add up. The phone turned out to be a Japanese-spec model, explaining its near-perfect condition, but raising concerns about regional compatibility and, more importantly, legal compliance.

Notably, the device lacked a CE label, and we couldn’t trace a declaration of conformity, both of which are required for electronic devices sold in the European Union. This meant that while the product functioned correctly, it may have fallen short of meeting basic legal safety and consumer protection standards. Upon our request the declaration of conformity was shared with us.

Tax trouble: VAT and fee handling fall short

Things got murkier with the invoice. The reseller had applied the EU’s marginal VAT scheme, which is designed for second-hand, used and refurbished goods that have already been taxed within the European Union. But since this phone was imported from Japan, it almost certainly shouldn't have qualified. The invoice also included a cryptic “third-party fee,” which under EU law should have been subject to reverse VAT.

This points to a growing problem: improper VAT handling by third-party sellers on online platforms, a concern now firmly on the EU’s enforcement radar.

Missing manuals and safety info breach EU norms

Compliance issues didn’t stop there. The packaging lacked a user manual and safety instructions in the local language, another legal requirement under EU rules. And there was no mention of a copy levy, a mandatory fee collected on every device capable of reproducing copyrighted material.

In short: while the device was technically functional and the buying experience smooth, there were several serious legal oversights that shouldn’t have passed unnoticed.

The big question: where does responsibility lie?

This experience begs a larger question: if marketplaces don’t ensure compliance, who does? Are platforms merely digital storefronts, or do they have a duty to vet sellers and enforce the law?

To better understand the industry’s stance, we reached out to four major players - bol, Refurbed, MediaMarktSaturn, and Back Market - for comment. Three of the four responded in detail. Back Market did not reply, despite multiple follow-ups and full transparency on our findings.

bol doubles down on strict access and seller control

Dutch marketplace bol says it takes its responsibilities seriously, especially when it comes to refurbished tech. While the company is not legally liable for third-party listings under the EU’s Digital Services Act (DSA), it nonetheless enforces a selective onboarding process.

Only a small number of trusted partners are allowed to sell refurbished products, and they must first request sales rights. Bol also applies strict internal quality criteria and continuously monitors sellers to ensure compliance.

Refurbed backs reform: “Current laws do not suited for refurbished market”

Refurbed echoed a strong commitment to product quality but took a broader view of the issue. The platform acknowledges that marketplaces do not physically handle goods and therefore cannot verify every device individually. Still, it has implemented multiple layers of quality control, including onboarding checks, on-site audits, mystery shopping, and customer reporting tools.

What sets Refurbed apart is its call for change. The company argues that the EU’s current legal framework was built for new-product retail and fails to accommodate the nuances of the refurbished economy. It’s urging lawmakers to modernize regulations in line with how refurbished tech is bought and sold today.

MediaMarktSaturn focuses on internal discipline

MediaMarktSaturn described a comprehensive internal approach to compliance. All marketplace sellers undergo a rigorous onboarding process, requiring proof of EU business registration, tax compliance, local warehousing, and accessible customer service. Sellers also self-certify legal compliance.

The company monitors performance through customer reviews, complaints, mystery shopping, and shipping data. While it does not advocate for legal reform, MediaMarktSaturn believes its internal systems provide a strong framework for upholding EU law.

Three responses, three strategies, but common ground too

Despite differences in strategy, bol, Refurbed, and MediaMarktSaturn all agree on one thing: consumer trust is non-negotiable. All three platforms monitor sellers and take corrective action when needed.

Where they diverge is in how far they’re willing to go. Bol enforces the tightest gatekeeping for refurbished sellers. Refurbed pushes for new EU rules that recognize the unique challenges of refurbished commerce. And MediaMarktSaturn focuses on robust internal compliance under the existing legal framework.

Time for EU action and a fairer playing field

One key issue still lingers: current EU law doesn’t clearly define the role of marketplaces in the supply chain, especially when it comes to refurbished and used devices. This legal grey zone creates room for inconsistency—and, at times, abuse.

We support Refurbed’s call for reform. Europe’s refurbishment sector needs a modern legal framework that ensures not only consumer safety and tax fairness, but also fair competition between sellers operating under different standards.

Closing thoughts

This investigation shows that refurbished marketplaces are not all created equal. While most platforms follow the letter of the law, few go beyond it.

That’s no longer good enough. If marketplaces want to lead in sustainability, we think they must also lead in ethics—setting high standards for both themselves, and their sellers. Compliance is essential.

For the sake of clarity and transparency, we are sharing the full, unedited responses from bol (in both Dutch and English translation), refurbed, and MediaMarktSaturn below.

Reaction 1 bol (English)

Reaction from Duch online retailer that runs a successful marketplace: At bol, we attach great importance to the quality of the assortment of the millions of products on our platform and aim to safeguard it as best as possible. Although bol – in line with the Digital Services Act (DSA) – is not liable as a platform for the offerings of sales partners, we do impose requirements on the products offered on our platform. The products must not only comply with applicable laws and regulations but also with an internal Assortment Policy.

For our refurbished offerings, we go one step further. We work with a limited number of sales partners. Not every sales partner is allowed to offer refurbished products: in order to sell refurbished items on bol, sales rights must be requested. Within these sales rights, we impose additional conditions (which we also enforce) regarding, among other things, the quality of the products. This allows us to guarantee our customers that they are purchasing a well-functioning refurbished product.

bol (Dutch)

We hechten bij bol veel waarde aan de kwaliteit van het assortiment van de miljoenen artikelen op het platform en willen dat zo goed mogelijk waarborgen. Ondanks dat bol - in lijn met de Digital Services Act (DSA) - als platform niet aansprakelijk is voor het aanbod van verkooppartners, stellen we eisen aan de artikelen die op ons platform worden aangeboden. De artikelen moeten niet alleen voldoen aan geldende wet- en regelgeving, maar ook aan een intern Assortimentsbeleid.

Voor ons refurbished aanbod gaan we hier nog een stapje verder. Zo werken we samen met een beperkt aantal verkooppartners. Niet elke verkooppartner mag dus refurbished aanbieden: om refurbished artikelen te verkopen op bol, moeten verkooprechten worden aangevraagd. Binnen die verkooprechten stellen we extra voorwaarden (waar we ook op handhaven) aan o.a. de kwaliteit van de producten. Hiermee kunnen we onze klanten garanderen dat ze een goed werkend refurbished product aankopen. Wat die garantie precies inhoudt kan je hier lezen: Refurbished elektronica | bol.

Reaction 2 refurbed

Here’s our reaction:

• Such incidents are very unfortunate and should be avoided, as they risk undermining consumer trust in a growing European sector that delivers clear benefits for both people and the planet.
• When cases of concern arise, marketplaces must act appropriately and in accordance with European and national law. At refurbed, we have several measures at our disposal as outlined in our Seller’s Guide, which is transparently communicated to and signed by all partners. Actions range from formal warnings to full suspension from the platform, depending on the severity of the issue.
• Since marketplaces do not physically handle the products, they cannot verify every individual item, hence why many compliance requirements sit primarily directly with Sellers. Nonetheless, at refurbed, we apply a range of measures to ensure seller and product quality. These include quality and due diligence checks before and during onboarding, mystery shopping, on-site visits, and an easy-to-use reporting feature for consumers.
• In our view, the core issue goes beyond marketplace responsibility, but is rather rooted in a legal framework that was designed with manufacturers of new products in mind. This outdated framework does not adequately reflect the realities of the reuse and refurbishment economy.
• As a result, sellers of refurbished goods may face regulatory requirements they are unable to meet in practice. Unfortunately, some actors may try to exploit this legal grey area for personal gain—behavior that is both legally and ethically unacceptable. This problem is not unique to the refurbishment sector but occurs across various industries.
• Ultimately, ensuring that products are safe and compliant with regulatory standards is a shared responsibility and in the best interest of all market actors. At refurbed, we take this responsibility seriously and implement a range of stringent measures to promote product safety and compliance within the scope of our role as a marketplace. However, to provide legal clarity and better support consumers, sellers, and marketplaces across the sector, the European legal framework on product compliance—particularly the New Legislative Framework—must be updated to reflect the specific realities of the reuse economy.

Reaction 3: MediaMarktSaturn

What we can generally say about our marketplace:

The shopping experience and satisfaction of our customers is our highest priority. This applies to all business areas, including the marketplace.

A specialized team manages all marketplace sellers and specifically reviews seller ratings on other platforms. Furthermore, compliance with the following requirements is verified during the onboarding process for each marketplace seller and is a prerequisite for activation:

• Proof of company headquarters in the EU by submitting a commercial register excerpt and an identity document of the company
• Provision of a bank account in the EU
• Shipping and return address from/to a warehouse in the EU
• Provision of an EU tax number
• Accessibility via phone and email
• Compliance with packaging regulations
• EAN for each product
• Self-certification by the marketplace seller committing to only offer products or services that comply with applicable EU law

Each seller is reviewed and verified by our team during this process.

Furthermore, we continuously monitor the seller's presence, ratings, and any complaints or irregularities on the marketplace and take consistent action accordingly to ensure the best possible shopping experience. We also regularly conduct anonymous test purchases and have implemented our own tracking system for shipment monitoring as well as quality criteria for refurbished items. Violations of our standards, non-compliance with rules such as incorrect product information or failure to deliver services may result in the seller's exclusion from the marketplace.