Announcement: Developer trader/non-trader disclosure Chrome Web Store

[Stefan vd]

Dear developer,

Trader/Non-Trader developer identification
Developer’s requirement to disclose their trader/non-trader status.

Published on Thursday, May 26, 2022

#(Non)-Trader Transparency Requirement

On April 11, 2018, the European Commission adopted the New Deal for Consumers, stating that the legislation is “aimed at strengthening enforcement of EU consumer law” and “modernizing EU consumer protection rules in view of market developments.”

One of the provisions of the New Deal, which went into effect on May 28, 2022, requires online marketplaces to inform consumers about the identity of the party with whom they are concluding a contract (i.e. whether the party is a professional trader or an individual).

As a result, third party suppliers that provide services on online marketplaces may be asked to identify themselves as either traders or non-traders so that consumers can determine if they are dealing with a professional trader and would be able to benefit from consumer rights.

#Defining trader vs. non-trader

The European Commission defines traders and non-traders as follows:

Trader : Any natural person or any legal person, who is acting for purposes relating to his trade, business, craft or profession in relation to contracts on this marketplace.

Non-trader : Any natural person or any legal person, who is acting for purposes which are outside of his trade, business, craft or profession in relation to contracts on this marketplace.

If you are a non-trader, the consumer will be informed that consumer rights stemming from consumer protection laws may not apply to any contracts between you and the consumer. Please note that it is the developer’s responsibility to accurately self-declare their trader/non-trader status.

#For more information on the EU New Deal

If you would like more information on the EU’s New Deal for Consumers, take a look at the European Commission’s press release describing the New Deal or visit the European Commission’s repository on resources related to this legislation.

Source: https://developer.chrome.com/docs/webstore/trader-disclosure/

It is already visible in the Chrome Web Store in the bottom right of your Chrome extension(s). Example Text:
This publisher has not identified itself as a trader. For consumers in the European Union, please note that consumer rights may not apply to contracts between you and this publisher.

Thanks,
Stefan vd

[Iván Nokonoko]

And how do we state whether we are a trader or not?

[Cuyler Stuwe]

I'm not really clear on what a "Trader" is at all, but it seems to me that if Google isn't a "Trader", then I (at least as an individual) probably... wouldn't be. Right? The description and links don't seem to be very helpful in clarifying.

[Dream Kuang]

Today, I got this popup.

but I am not clear about what should I select, I have an extension with Pro features, and the user can subscribe via Stripe. 

with this type of extension, should I select 'This is a non-trader account'?

Thank you for your suggestions.

[Dev]

Looks like no one is sure about it. I checked many extensions like Grammarly and all, for all the extension currently it is showing -

"This publisher has not identified itself as a trader. For consumers in the European Union, please note that consumer rights may not apply to contracts between you and this publisher."

I also have an extension with Pro features, and the user can subscribe via Stripe. 

with this type of extension, should I select 'This is a non-trader account'?

Can someone from chrome team confirm this. 

Thank you for your suggestions.

[Deco]

For those seeking guidance in regards to what would be classified as a "professional trader", please read guidance about the law available here: https://www.faegredrinker.com/en/insights/publications/2021/6/the-eus-collective-redress-directive-a-look-at-what-constitutes-a-trader as the CWS is not helpful for this type of policy.

Thanks,

Decklin

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[Cuyler Stuwe]

A few of my own thoughts:

1. If the definition is supposedly so "simple and straightforward", then it should be simple for all parties to use their common-sense perception to accurately judge whether someone qualifies or not. In reality, this doesn't seem to be the case. The law seems to have been written in a way that was incredibly vague (perhaps intentionally?).

2. What is a "contract"? Where and when does it apply? That's the most vague part of this. If I write a freeware extension that happens to bring people to my personal website, and then at some later time decide to monetize that website, is there a "contract" which applies (regardless of whether it was actually carried out in direct connection with my extension)? If I host a free new-tab-page extension for a former Upwork client who doesn't know how to use the CWS and can't be bothered to learn, do I declare myself as a "trader" for these intents and purposes (despite the extension having no direct/immediate revenue model and serving mostly to bring recurring traffic to that client's site)?

3. The simplest means for dodging this question seems to be simply dodging the question entirely, and then avoiding distributing your extension in any EU member states. If you're capable of this form of protest, it should render the question moot.

To view this discussion on the web visit https://groups.google.com/a/chromium.org/d/msgid/chromium-extensions/CABcX4UdM0dcCnrWQGUPUfNu7%2BXTGzhF2S%3DeF1G%3DLGOsq%2B2ToTA%40mail.gmail.com.

[Ibrahim]

I am confused as well about this new question, as I don't really understand in which category I belong. Hopefully there will be some layman clarifications, and it won't be required to study law in order to publish a Chrome extension. 

[Guilherme Dellagustin]

I'm also confused here. I provide a FOSS (Free and Open Source Software) extension. I am a professional software developer by trade, but I work for a company and my extension is developed on my own free time and distributed free of cost with an MIT license. I have provide means to the users to support the development financially in a voluntary basis (a.k.a. value for value).

I don't consider myself a trader with respect to the development and delivery of this piece of software though.

[Deco]

Then you are a non trader, your commercial activities do not correlate with your extension, plenty of us have these arrangements.

[Cuyler Stuwe]

But then what if people start sponsoring your project on GitHub, so that you’re essentially paid to work on it (and won’t be able to justify working on it if people stop funding you)? At that point, it’s definitely related to your trade despite there not appearing to be any “contract” for most users.

[Deco]

Paid development differs from voluntary contributions, if the project depends on funding, then you would be considered a trader, legally speaking. Users donating of their own free will does not correlate to the development being tied to this, unless stated otherwise.

[Ibrahim]

What if I work on my extension on my free time, and the extension has paid features that people can unlock? The money from extension are not my main source of income, and the extension is not my main business. So I don't really depend on that money. Would that make me a trader, or non trader? 

[Adam Smith]

@Ibrahim This sounds like my situation too. Eager for an opinion here

[Cuyler Stuwe]

I’m convinced that Google themselves are clueless as well, hence why they copied the unhelpful copy verbatim and haven’t chimed in. What’s more, they probably don’t want to be perceived as offering legal advice on a matter that they themselves are probably unsure of. That’s my two cents.

To view this discussion on the web visit https://groups.google.com/a/chromium.org/d/msgid/chromium-extensions/5e077fa1-fb83-4626-a616-f34f5113b96dn%40chromium.org.

[Jackie Han]

Choose as you see fit. Let's see what happens.

To view this discussion on the web visit https://groups.google.com/a/chromium.org/d/msgid/chromium-extensions/CA%2BYuxddaWj7acjB7LMHbeg9XmPfOcas2xP__H2TAAnc2tyX2ow%40mail.gmail.com.