Extended Producer Responsibility (EPR) holds companies accountable: Anyone who places products on the market is responsible for their entire lifecycle – from take-back to proper recycling.
In e-commerce, this principle is becoming increasingly important. Until now, retailers from non-EU countries in particular have often been able to circumvent regulatory requirements. By ignoring legal obligations, these “free riders” gain unfair competitive advantages.
The EU is responding with a clear strategy: marketplaces and fulfillment service providers are being held more accountable. Revoking sales authorization is now one of the most effective tools for enforcing compliance.
Marketplaces and Fulfillment Service Providers
Platforms such as Amazon, eBay, and Zalando are no longer merely technical intermediaries. They are increasingly acting as central regulatory authorities within the regulatory system.
Specifically, this means:
- Retailers must provide proof of their EPR registrations
- Marketplaces are required to verify this proof
- Unregistered retailers are no longer permitted to offer products
- Fulfillment liability: Service providers (warehousing, packaging, shipping) are also prohibited from providing services to non-compliant retailers and may themselves be held liable for violations.
The Key EPR-Categories in Online Retail
1) Electrical and Electronic Equipment (WEEE / ElektroG4)
The German ElektroG4 implements the European WEEE Directive and applies to all electrical and electronic equipment. For online retailers, the following applies: Anyone who places equipment on the market in Germany for the first time (including imports) is considered a producer and must be registered.
Key obligations include:
- Registration: Obligation to register with the EAR Foundation prior to placing the product on the market.
- Information requirement: Visible display of the WEEE number in online sales.
- Take-back & financing: Active organization of the take-back of end-of-life equipment and ensuring financing for disposal.
- Authorization: Retailers without a branch in Germany must appoint a representative for disposal.
Strict verification by platforms:
Since July 1, 2023, marketplaces have been required to conduct verification checks. Starting in 2026, this process will be fully digitized through automated interfaces between the platforms and national registries (such as EAR). Without validated registration, the system will immediately block the listings. Fulfillment service providers are also subject to this verification requirement and may neither store nor ship non-compliant goods.
2) Batteries – BattDG & EU Battery Regulation
The new Battery Implementation Act (BattDG) modernizes existing legislation and aligns it with the EU Battery Regulation. Retailers are subject to obligations as soon as they import batteries (including those built into devices) or place them on the market for the first time.
Key requirements for 2026:
- Registration: Obligation to register with the EAR Foundation
- Take-back system: Mandatory participation in a certified take-back system.
- Labeling: Strict requirements, such as the waste bin symbol and, increasingly from 2026, the digital battery passport.
- Transparency: Comprehensive information obligations toward end customers regarding ingredients and disposal.
Important:
Unlike in the past, there will be a direct verification obligation and liability for marketplaces in 2026. According to the EU Battery Regulation, platforms must ensure that retailers are properly registered as of August 18, 2025. Without valid proof, batteries and battery-powered devices may no longer be listed; fulfillment service providers may no longer process these goods.
3) Packaging – Packaging Act & EU PPWR
The Packaging Act is one of the most relevant regulations in E-Commerce, as virtually every shipment contains packaging. Since July 1, 2022, a strict registration requirement has been in effect for all retailers who ship goods to end customers.
Key requirements for 2026:
- Registration: Mandatory entry in the LUCID register of the ZSVR (Central Packaging Register)
- System participation: Licensing of packaging volumes through a dual system.
- Volume reporting: Regular reporting of the actual packaging volumes placed on the market.
Particularly relevant for online retail:
- System participation requirement: Shipping packaging is always subject to licensing.
- Definition of end consumer: B2B customers may also be legally considered end consumers.
- New as of August 12, 2026 (PPWR): The new EU Packaging Regulation harmonizes the rules across Europe. Marketplaces are now legally required to actively validate EPR compliance. Without valid LUCID proof, an automatic sales ban applies.
- Fulfillment block: Service providers may no longer provide warehousing or shipping services for unregistered merchants and may be held liable themselves in some cases for violations.
4) Single-Use Plastic Fund Act (EWKFondsG)
The Single-Use Plastic Fund Act is a relatively new regulation that is becoming increasingly significant for the retail sector. It applies to single-use plastic products, such as takeout packaging, disposable cutlery, wet wipes, and filter products.
Obligations for companies:
- Registration: Mandatory registration on the DIVID portal with the Federal Environment Agency.
- Reporting requirement: Annual reporting of the quantities placed on the market.
- Special levy: Payment of a levy into the state fund based on the quantity of plastic. The fund finances the cleaning of public spaces and the disposal of plastic waste.
Particularly relevant for online retail:
- Importer liability: Anyone who imports products into Germany is considered a manufacturer and bears full financial responsibility.
- Marketplace control: Similar to the regulations for electrical appliances and packaging, starting January 1, 2025, marketplaces may no longer offer products whose manufacturers are not properly registered in the DIVID registry. Platform operators are required to actively verify these registrations.
Challenges for Online Retailers
The greatest difficulty today lies not so much in individual laws, but in their complex interplay.
Typical problem areas:
- Unclear roles: The distinction between retailers, manufacturers, and importers is becoming blurred – anyone who imports goods into the EU assumes full legal responsibility as a manufacturer.
- EU fragmentation: Despite harmonization through the PPWR and the Battery Regulation, national registries and country-specific reporting deadlines remain in place.
- Administrative burden: The requirement to appoint EPR representatives in every EU country of sale increases complexity.
- Transparency gaps: The Digital Product Passport (DPP) will require complete supply chain documentation by 2026, which many retailers are not yet able to provide.
- Multiple obligations: In cross-border trade, quantities must be reported and licensed separately in each destination country.
For retailers, this means: Those who want to achieve sustainable success in online retail must not only comply with EPR but also integrate it systematically into their processes.
Contact us for comprehensive advice on your compliance issues relating to electrical and electronic equipment, packaging, batteries, and PV panels.
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