Now it is the European platforms and refurbishers themselves who are making a new attempt to oblige sellers to comply with the rules: in a self-disclosure (Back Market) or in stricter terms of delivery (Rakuten, Cdiscount and others), all sellers of refurbished smartphones and tablets are to state whether they pay copyright levies. This applies in particular to the sale of these products via a platform.

In order to achieve a level playing field, the verification of compliance with all due diligence obligations and their enforcement should also be harmonised. A jointly developed charter that is binding for all sellers should be a prerequisite for the sale of refurbished digital devices on marketplaces. Refurbishers, marketplaces and associations are currently working on this. In addition, European refurbishers are calling for certificates of conformity for compliance with legal regulations – as has been common practice in other compliance areas for many years – and a government label that certifies the quality of the refurbishment.

Enforcement via market mechanisms

The background for all these measures is formed not only by applicable law but also by simple market mechanisms: Those who offer without copyright levies and possibly also without observing further due diligence obligations offer more favourably. A quality problem caused by poorly or even allegedly refurbished products is often added to this. It is therefore the refurbishers themselves who are now pushing for rules and their follow-up. This includes rules for the refurbishment process as well as for the marketing of the products. The latter are not rules that need to be redefined. They already exist.

We reported here a year ago on the French industry's first initiatives to achieve compliance with legislation by all market players, similar to the concept of Extended Producer Responsibility (EPR).