A recent investigation suggests that nearly half of second-hand traders fail to communicate effectively with their customers.
On March 7, 2025, the European Commission and national consumer protection authorities from 25 Member States, along with Iceland and Norway, released concerning findings from their coordinated screening of online traders selling second-hand goods.
This investigation, known as a 'sweep', examined 356 online traders selling various second-hand items including clothing, electronic equipment, toys, and furniture. The results revealed that 185 traders (52%) were potentially breaching EU consumer law.
What's going wrong?
The investigation uncovered several areas where second-hand traders are failing to meet their legal obligations:
- 40% did not clearly inform consumers of their right to withdraw from a purchase within 14 days without justification or cost
- 45% failed to correctly inform consumers about their right to return faulty goods or items that don't match their description
- 57% did not respect the minimum one-year legal guarantee period required for second-hand goods
- Of the 34% of traders making environmental claims, 20% couldn't properly substantiate these claims and 28% made claims that were false, deceptive, or potentially unfair
- 5% didn't properly identify themselves, and 8% failed to display the total price including taxes
Why compliance matters for second-hand sellers
As Commissioner Michael McGrath noted, "Second-hand goods play a crucial role in a circular economy. It is important that all traders, including those dealing in second-hand goods, uphold consumer rights."
The second-hand market contributes significantly to sustainability goals by extending product lifecycles. However, this doesn't exempt traders from meeting consumer protection standards.
Steps to ensure your compliance
If you operate in the second-hand goods market, here's what you need to do:
- Review your withdrawal policy - Ensure you clearly inform customers of their 14-day right to return items without justification.
- Update your returns process - Make sure customers know they can return faulty goods or items that don't match descriptions.
- Honour the legal guarantee period - Remember that even second-hand goods must come with a minimum one-year guarantee.
- Verify your environmental claims - Only make green claims that you can substantiate with evidence.
- Display complete business information - Clearly show your identity and the total price including all taxes.
The authorities will now take action against the non-compliant traders identified in the sweep. With the upcoming Directive on Empowering Consumers for the Green Transition, requirements around durability, reparability and legal guarantees will become even stricter.
For businesses operating in the second-hand market, now is the time to review your practices and ensure you're fully compliant. Doing so not only helps you avoid potential penalties but also builds trust with customers who increasingly value sustainability alongside strong consumer protections.
Need help ensuring your second-hand trading practices comply with EU consumer law? Contact Alura Group today for expert compliance guidance tailored to your business needs.
Source: https://ec.europa.eu/commission/presscorner/detail/en/ip_25_706
