Article · Tax & Incentives

Being a marketplace seller: 7 legal topics, from account suspension to the 1% withholding

Amazon, Etsy, Trendyol: the law of marketplace selling starts with the contract, continues with DSA verification and GPSR fields, and is tested by withholding and suspensions. 7 topics from the seller's perspective.

09 July 20263 dk okumaBy Sven Köksal · Tax & Incentives
Köksal Attorney Partnership — international desks, global network and GGI work
Summary · At a glance
  • The marketplace agreement is not negotiated, but it is managed: the critical step is building your proof of compliance with the rules from the outset.
  • The DSA (KYBC) and GPSR obliged platforms to verify sellers and remove incomplete listings — an incomplete profile means an interruption to revenue.
  • In a suspension, the P2B Regulation gives you the right to reasons and to an appeal; the appeal file must be written with an orderly evidence structure.
  • In Türkiye, the 1% withholding and the obligations under Law No. 6563 change the net calculation of your marketplace revenue.

The marketplace: not a dealership, but a regulated relationship

Marketplace selling is not a classic dealership: the platform writes the contract, updates the rules unilaterally and, more often than not, resolves disputes within its own processes. But this does not mean the seller is unprotected — the EU’s P2B and DSA Regulations and Türkiye’s regime under Law No. 6563 (Turkish E-Commerce Law) have placed enforceable rights inside the relationship. The seller’s task is to make these rights usable through orderly documentation.

Practical guidance

A dispassionate, evidence-backed first response that meets the appeal deadline in the suspension notice and supplies exactly the documents requested gets the account reinstated in a significant share of cases.

Let us strengthen your marketplace setup

Profile and listing compliance (DSA/GPSR), suspension appeals, the withholding and tax setup, and platform correspondence — with a single team.

Request a preliminary assessment

1. The seller agreement and rule changes

Under P2B, the platform must give advance notice of changes to its terms, explain its ranking parameters and offer a complaint mechanism. Archiving change notifications is your evidence in any future “what was the rule” debate.

2. DSA verification (KYBC)

Platforms are obliged to verify sellers’ identity, bank and registry details; an inconsistent profile means listings coming down. Your profile details must not contradict your site, your invoices or publicly accessible registers such as LUCID.

3. GPSR fields

Since December 2024, listings must state the manufacturer and — for non-EU sellers — the responsible person in the EU. Platforms have added these fields to their templates; sellers who leave them blank see their listings removed. For details, see our GPSR entry.

4. Suspension and appeal

In a suspension, the platform must state its reasons and offer an appeal route (DSA Arts. 17 and 20). Note: the P2B Regulation protects only business users established in the EU (Art. 1(2)); a seller established in Türkiye relies not on P2B but on the DSA’s statement-of-reasons and internal complaint-handling provisions. If you have a company in the EU, the P2B rights apply as well. An effective appeal is technical, not emotional: a documented response to each alleged breach, a corrective action plan and deadline discipline. On Germany-related platforms, our Germany Desk conducts the process in German.

5. The 1% withholding and tax arrangements

In Türkiye, marketplaces have withheld 1% from seller payments since January 2025 — on the gross amount excluding VAT, with no deduction for commission. This is a prepayment, not a cost; but it affects cash flow and pricing. Exemption categories (the tradesman exemption, simplified taxation) operate on documentation. For the VAT setup of your EU sales channel, see our IOSS/OSS guide.

6. The parallel channel and the competition layer

While your own site + marketplace operate together, price parity impositions, MFN-style terms and selective distribution rules touch competition law; your brand’s relationship with third-party sellers on the marketplace is also part of your distribution network strategy.

7. Data and the customer relationship

In platform sales, control over customer data is limited; setups for safely moving customers to your own channel (warranty registration, content, community) must be designed to comply with both platform rules and KVKK/GDPR.

Conclusion

Marketplace revenue is a predictable channel for the seller who knows its rules. Regular auditing of the seven topics — profile, listings, appeal readiness, tax — is the standard scope of our marketplace compliance service; for the overall framework, see our e-commerce focus area.

This content is for general information purposes only and does not constitute legal advice. Please get in touch with our team for an assessment of your specific situation.
Sven Köksal

Author

Sven Köksal

Legal Engineer

Advisory on legal technology, process design and digital business models.

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Read the notice word by word: the grounds, the documents requested and the deadline. Pause stock and advertising spend, and build an appeal file that responds point by point with evidence. In parallel, the P2B complaint mechanism and mediation options are assessed.

No: the 1% deduction is a prepayment to be credited on your tax return; filing, invoicing and record-keeping remain your responsibility. If you fall within an exemption category, documentation is required.

As a rule, it is under the platform's control; you are responsible for the limited data transferred to you. Setups that carry traffic and data to your own site (in-package materials, etc.) can conflict with platform rules — design them together with legal counsel.

Knowledge Centre

Let us strengthen your marketplace setup

Profile and listing compliance (DSA/GPSR), suspension appeals, the withholding and tax setup, and platform correspondence — with a single team.