Online intermediation service suspends merchant account: reasons and complaint route under the P2B Regulation

The P2B Regulation covers online intermediation services that allow business users to offer goods or services to consumers and mediate the initiation of direct transactions. There must also be a contractual relationship between the provider and the business user. The transaction may be completed online, through another interface or offline.

A business user may be an individual acting in a professional capacity or a legal person. The provider does not have to be established in the European Union. The regulation also looks at whether the business user is established or resident in the Union and offers goods or services to consumers located in the Union.

A purely business-to-business portal, an online advertising tool that does not mediate direct transactions or an account without the relevant business relationship is not covered merely because it operates as a platform. Contract, terms, offer function and intended customers therefore matter at the outset. The article on aggressive commercial practices addresses a different consumer-facing competition law perspective.

Under Article 4(1), a restriction concerns the provision of the service in relation to individual goods or services offered by a business user. In practice, a listing may disappear, a function may be disabled or access to part of the account may be reduced. The scope must be described by reference to its actual effect.

A suspension stops the service for the business user temporarily. The account may continue to exist, while the product page, ordering function or administration remains blocked pending a further decision. Preserve the notice even when the provider describes the measure only as a review or temporary action.

Complete termination ends the provision of the online intermediation service for the business user. The term merchant account is too imprecise for this purpose. Check whether the measure concerns one product, one country, one channel or the entire contractual relationship. This classification determines the notice, timing and complaint route.

For a restriction or suspension, the provider must give the reasons before or at the time the measure takes effect on a durable medium. An email, account notice or other storable communication can fulfil this function when it remains personally accessible and can be reproduced without alteration.

Article 4(5) requires the concrete facts or circumstances. This may include the content of third-party notices on which the provider relies. The provider must also identify the applicable ground in its terms. A general reference to a breach leaves open which conduct is challenged, when it occurred and which rule was applied.

The statement may be limited in specific situations. The provider need not disclose facts or the applicable reason where a legal or regulatory obligation prevents disclosure. Article 4(5) also contains an exception for complete termination based on proven repeated breaches. The notice should still identify the measure and its practical effect.

If the provider completely terminates the service for a business user, it must generally give a reasoned notice on a durable medium at least 30 days before termination takes effect. This period concerns complete termination. Article 4(1) does not set the same 30-day lead time for an individual listing restriction or a temporary suspension.

Article 4(4) lists three exceptions. Immediate complete termination may be required by a legal or regulatory obligation that leaves no time for the notice period. It may rely on a compelling reason under national law that complies with Union law. The period may also be omitted where the provider demonstrates a repeated breach of the terms that led to complete termination.

In an exception case, the provider must make the reasons available without delay on a durable medium. Review the date as well as the exception relied on and check whether it matches complete termination. A short notice without an identifiable exception does not answer the timing question by itself.

Article 4(3) requires the provider to give the business user an opportunity to clarify the facts and circumstances through the internal complaint-handling system under Article 11. The complaint should therefore present the facts so that the provider can match the account measure with the alleged breach of the terms.

Start with a short chronology. Identify the account or merchant profile, affected goods or services, time of the measure, visible consequences and the notice received. Attach the relevant version of the terms, the challenged communication and your account of the facts. Separate known events from points that the provider must explain.

End with a concrete request for clarification. Ask which rule and conduct are relied on, whether a third-party notice was involved and when the relevant event allegedly occurred. If the measure is lifted, the provider must reinstate the business user promptly. This includes access to personal or other data generated through use of the service before the measure took effect.

The internal complaint-handling system must be easily accessible and free of charge for business users. It must process complaints within a reasonable period and follow transparency and equal treatment in equivalent situations. The handling must reflect the importance and complexity of the problem.

Business users may complain about an alleged failure to comply with the P2B obligations, technical problems directly connected with the service and measures or conduct by the provider that affect them. An account suspension can therefore cover the statement of reasons, technical effects and the provider’s communication.

The provider must carefully examine complaints, continue handling them where necessary, process them promptly and effectively, and give the complainant an individual, clear and understandable outcome. The terms must explain access to and operation of the system. Information on its operation and effectiveness must also be publicly available and reviewed at least annually. Article 11(5) contains an exception for providers that qualify as small enterprises.

First preserve the account notice with sender, date, time and complete content. Save the merchant account view, affected listings, visibility in search results, open orders and effects on messages, payments or payouts. Screenshots should be supplemented with exportable notices and saved files.

The terms in force at the time of the measure are important. Record their version, any notice of change and the rule identified by the provider. Add your listings, product data, communications with the provider, customer notices and third-party messages. Keep originals unchanged, work with copies and maintain a chronology.

If the measure is lifted, access to earlier data is a separate point for review. Article 4(3) mentions personal and other data generated through use of the service before the measure took effect. The P2B Regulation does not replace data protection rules. For the complaint, describe precisely which data and functions are no longer reachable in practice.

The P2B Regulation provides mediation in addition to internal complaint handling. Providers must generally name two or more mediators in their terms with whom they are willing to cooperate. Mediators must be impartial and independent, able to work in the language of the terms and accessible to business users.

Mediation is voluntary. Providers and business users are expected to participate in a mediation attempt in good faith. Article 12(5) also makes clear that mediation does not affect the right to bring court proceedings. The internal complaint route and mediation therefore do not remove the court route.

For the next decision, gather the complete account notice, complaint, provider response, terms and a description of the commercial effects. The page on injunctions and interim relief covers separate protection. An account measure also requires review of the contractual and Union law questions shaped by the P2B Regulation.