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Business-user terms of service (P2B-compliant)

terms-of-service-business-usersDomain: marketplace-platformType: policy

Description

Business-user terms of service compliant with the EU Platform-to-Business Regulation are not just a longer consumer ToS; the P2B regime prescribes content the way a regulator usually prescribes financial disclosure. The mandated sections cover the main parameters that determine ranking and any relative weighting of those parameters, the policy on restricted goods and services, the dispute-resolution mechanism (including an internal complaint-handling system and at least two named mediators), the suspension and termination procedure with reasoned notice and a right to challenge, the policy on ancillary goods or services the platform offers alongside the user's listings, and the disclosure of any restrictions on offering different terms elsewhere under Article 10. Publication standards are part of the obligation, not separate from it. The terms have to be in plain and intelligible language, available to the business user before they enter the relationship (not only after acceptance), and amendable only with at least 15 days' notice from the platform to the business user (longer for changes that require business-user adaptation on the seller side). The 15-day notice is asymmetric: the business user keeps a parallel right to terminate without penalty if a change is materially adverse, which makes the change-notification log a load-bearing artifact rather than a cosmetic one. Ranking-parameter disclosure is where the regulation has had the most operational bite, and where most P2B-compliance work happens after the initial drafting pass. Platforms have generally pushed back on the granularity required, and the European Commission's enforcement guidance has continued to read the obligation generously toward business users; the standard of main parameters in their relative importance leans toward more disclosure rather than less. Failure to publish compliant terms is a common P2B finding and an early indicator of broader DMA-style scrutiny for platforms that approach the gatekeeper-designation thresholds. Evidence formats that hold up include the published business-user terms with the prescribed sections labelled, the change-notification log showing 15-day-or-greater notice for each material amendment, and the internal complaint-handling and mediation records that demonstrate the dispute-resolution mechanism is operating in practice.

Applicability

Applies when: business model role is intermediary or mixed.

How predicates are evaluated

Required by (1 regulation)

  • EU P2B

    Articles 3 and 8 — terms in plain language, accessible at all stages including pre-contract; ancillary goods/services arrangements declared; 15-day minimum notice on changes per Article 3(2); restrictions on offering different terms elsewhere disclosed under Article 10.

    Regulation (EU) 2019/1150

    Source →

Fulfilled by (1)

  • In-house build · medium effort

Magist does not accept payment from vendors. Methodology.

Evidence formats

  • business-user terms
  • change-notification log (15-day notice)

Magist provides legal information based on publicly available regulatory sources. It does not constitute legal advice and does not create an attorney-client relationship. Consult a licensed attorney in your jurisdiction before making compliance decisions.

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Magist provides legal information based on publicly available regulatory sources. It does not constitute legal advice and does not create an attorney-client relationship. Consult a licensed attorney in your jurisdiction before making compliance decisions. Operated by a Washington-licensed attorney. Not licensed in California or other US states. Magist provides legal information; consult a licensed attorney in your jurisdiction.

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