Luxury resale, authentication and consignment

• Regulation (EU) 2023/988 — GPSR for the goods
• Directive (EU) 2019/771 — sale of goods
• Regulation (EU) 2022/2065 — DSA where third parties sell
• Directive (EU) 2015/849 — AML for high-value dealers
• Regulation (EU) 2017/1001 — trade marks

Who has to appoint one

Platforms and dealers outside the Union selling pre-owned luxury goods to EU consumers. Second-hand goods sold in the course of a business are within GPSR, and the platform intermediating between sellers is a hosting service under the DSA.

Thresholds and exemptions

Under the AML rules, dealers in high-value goods handling cash transactions above the national threshold are obliged entities. The DSA micro and small enterprise reliefs apply to some platform duties but not to the legal representative.

What must appear on the label

Manufacturer and responsible person details where the goods are placed on the market by the business, the condition description, and the authentication statement where one is made. Trade mark use must be descriptive rather than suggestive of authorisation.

Marketplace fields

Platforms face trade mark enforcement from brand owners as well as regulatory duties, and the two interact: hosting counterfeit listings without an effective notice-and-action process removes the liability exemption under the DSA.

Documentation you must hold

Trader verification records under DSA Article 30, notice-and-action procedures and statements of reasons, authentication process documentation, provenance records, AML customer due diligence where applicable, and the legal guarantee terms.

Standards and testing

Authentication is the substantive control, and platforms that advertise expert authentication are held to that claim by consumer law as well as by brand owners.

Language requirements

Condition descriptions, guarantee terms and complaint procedures in the language of each market served.

When it applies

The DSA representative and the notice-and-action mechanism from the moment the service is offered in the Union.

How long records are kept

Trader verification for the duration of the relationship plus six months, AML records for at least five years, and authentication records for the limitation period of any claim.

What happens if you do not comply

Up to 6% of turnover under the DSA, consumer law penalties for misdescription, and civil liability to brand owners for counterfeit sales where the hosting exemption is lost.

Who enforces it

Digital Services Coordinators, consumer protection authorities, customs for counterfeit goods, and national courts for trade mark claims.

Where the boundary lies

The legal guarantee applies to second-hand goods and can only be reduced to one year by express agreement. And describing an item as authenticated creates a contractual and advertising commitment that authorities and buyers both enforce.

Questions we are asked

Are we liable for a counterfeit sold by a third party?

Under the DSA the hosting exemption depends on acting expeditiously on notice. Ignoring credible notices, or lacking a mechanism, removes it.

Does GPSR apply to pre-owned goods?

Yes, to second-hand products supplied in the course of a business, with limited carve-outs for antiques and products sold as needing repair.