Free Terms of Service Generator for Marketplace — GDPR Compliant

🇪🇺 Key GDPR Requirements

The GDPR (General Data Protection Regulation) is the world's most comprehensive data privacy law, applying to any organization that processes data of EU residents — regardless of where the organization is based. Non-compliance can result in fines of up to €20 million or 4% of annual global turnover, whichever is higher.

• Lawful basis for processing must be identified and documented (consent, contract, legitimate interest, etc.)
• Privacy by design and default must be embedded in your systems
• Data subjects have the right to access, rectify, erase, and port their data
• Data breaches must be reported to supervisory authorities within 72 hours
• A Data Protection Officer (DPO) is required for large-scale processing of sensitive data
• Data Processing Agreements (DPAs) required with all third-party processors
• International transfers outside the EEA require specific safeguards (SCCs, adequacy decisions)

Marketplace — Specific Considerations

Marketplaces are data controllers for both buyers and sellers, making their privacy obligations more complex than single-sided platforms. You're responsible for how third-party sellers handle buyer data transacted through your platform, and you must disclose data sharing between parties, dispute resolution processes, and rating/review systems.

Data typically collected by Marketplace businesses: buyer and seller profiles, transaction history, messaging data, payment details, reviews and ratings, ID verification data

• Buyer-seller data sharing disclosures
• Third-party seller responsibilities
• Dispute resolution data processing
• Identity verification data handling
• Escrow and payment holding terms