Legal obligations in e-commerce
EPR and BDO registrations for e-commerce
E-commerce has long ceased to be limited to a single market. Shops ship parcels to multiple EU countries, use various marketplaces, and evolve logistics models and packaging. However, with these changes comes an increasing number of regulatory obligations – particularly in the areas of extended producer responsibility (EPR) and the BDO register.
In practice, many companies get lost in this maze of regulations. Therefore, it's crucial to organize EPR and BDO obligations so that the store can operate safely, predictably, and without unnecessary costs.
What is EPR and BDO from the perspective of an online store?
EPR (Extended Producer Responsibility) is a system in which responsibility for products and packaging introduced to the market does not end at the moment of sale. The first company to introduce a given product or packaging to the market in a given country must register with the appropriate systems, report quantities, and pay certain fees.
The BDO is the Polish register of entities that introduce products, packaged products, and manage waste. For many online stores, cardboard boxes, plastic bags, fillers, and individual packaging trigger the requirement to register with the BDO and subsequently report.
From an e-commerce perspective, this means that:
- the same sales model may give rise to different obligations in different countries,
- obligations do not always apply only to producers,
- Careless registration often results in excessive costs.
Who does EPR/BDO apply to?
In particular, it is crucial to understand the actual flow of goods and packaging. Only based on this picture can we reliably answer the question of whether a registration obligation has arisen, in which systems, and in which country.
What obligations do online stores have regarding EPR and BDO?
Online stores must determine whether, as the first to introduce products to a given country's market, they are required to register with BDO or its equivalent in other countries (e.g., Germany - LUCID, France, Spain, Czech Republic). Failure to properly register means being unable to legally report mass emissions and pay environmental taxes.
Depending on the sales model, the entrepreneur must:
- report the weight of the introduced packages,
- report the types of packaging (paper, plastic, glass, etc.),
- update data for each billing period,
- maintain records in accordance with legal requirements.
Reporting errors lead to corrections, arrears and financial sanctions.
After submitting reports, you must pay the appropriate fees in accordance with national regulations. In many EU countries, marketplaces automatically verify that the seller has an active EPR number and is up-to-date. Failure to pay fees may result in:
- blocking the sale,
- loss of access to selected markets,
- additional sanctions during inspections.
EPR and BDO requirements apply not only to manufacturers in the classic sense, but also to online stores that:
In practice, this means that even a small shop can have environmental obligations in several countries at the same time.
- they ship products to other EU countries,
- they repackage the goods or add inserts, freebies, materials in the packages,
- they commission production under their own brand,
- offer products in a cross-border model,
- they sell on marketplaces that require EPR numbers.
EPR and BDO, foreign sales and marketplace platforms
International sales and a presence on marketplaces significantly change the landscape of environmental responsibilities. The same store can:
- be treated in one country as a "packaging distributor" and be required to register,
- in another country, use the fees paid by the logistics partner or marketplace,
- and in still others – be subject to separate rules due to the sales threshold or type of products.
Additionally, marketplaces are increasingly requiring sellers to provide EPR/local registration numbers as a condition for further sales. Lack of structured documentation and a clear strategy in this area can lead to:
- on the one hand, regulatory costs are increasing (numerous contracts, fees, reports),
- on the other hand, there is no certainty whether all requirements have actually been met.
What are the risks associated with missing or incorrect registration?
Failure to register in BDO or EPR systems, incorrect reporting of masses or their incorrect assignment may result in high financial penalties and the obligation to pay overdue fees for previous settlement periods.
Irregularities may be revealed during inspections by environmental authorities. The company may be required to submit full historical data and corrections, generating additional costs and the risk of sanctions.
Marketplaces in many countries require EPR numbers; failure to do so can lead to sales being blocked. Business partners are also increasingly demanding proof of environmental compliance, which impacts a company's credibility.
Don't overpay - choose the right registration
Registering in the wrong systems or reporting too broadly leads to real overpayments of environmental fees. Proper analysis of the sales model allows you to avoid both penalties and unnecessary costs.
Why is it worth sorting out EPR and BDO with a lawyer?
Environmental regulations for e-commerce don't operate in a vacuum—they affect environmental law, trade, and taxes, as well as relationships with suppliers, logistics partners, and platforms. Attempting to "do it yourself" to create a registration and reporting system often results in either excessive risk or excessive costs.
Working with a lawyer who understands the specifics of e-commerce allows you to:
- correctly interpret the regulations in the context of a specific sales model,
- consciously decide which responsibilities are actually yours and which ones fall on other participants in the chain,
- design contracts and processes so that the regulatory burden is proportional to the scale of the business,
- prepare for inspections and questions from authorities and marketplaces.
How do we support EPR and BDO registration?
If you sell on marketplaces, we also help you organize the relationship between your responsibilities and the platform's role - to avoid both shortages and paying twice for the same packaging streams.
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