Under the Directive, it is clear that some e-commerce platforms should fall within the scope of regulation.
Whether an e-commerce platform is counted as within scope will depend on its business model. An e-commerce platform may not provide any payment services at all. For example, if the platform is a reseller of the goods or services (that is, it acts as principal in the sale or supply of the goods or services it buys), it is the recipient of the funds paid by the customer, and there is no contract between the customer to whom the goods or services are sold and the third party from whom the platform bought them, then it will no longer be classified as a payment institution.
It is also possible for a platform to act for both the payer and the payee. That is, there may be a situation in which the platform allows a payment to be transferred to an account in which it controls or manages the funds, but this does not constitute payment of the payer's debt to the payee, and the platform later transfers the relevant amounts to the payee under an agreement with the payee. In this case, the platform is an intermediary acting on behalf of both the buyer and the seller. Apps such as BiTaksi and Glovo can be given as examples. If an e-commerce platform provides payment services as a regular occupation or business activity and cannot benefit from an exemption, it will need to be authorized.
