I am grateful to noble Lords for speaking to their amendments in this group, both of which seek to make online marketplaces a “distributor”. It is vital that all products offered to consumers are secure, including those listed through online marketplaces, and we want to ensure that this is achieved in the most efficient way.
The explanatory statement for Amendment 7 suggests that products listed on online marketplaces might not be protected by the security requirements set out in the Bill. I reassure noble Lords, particularly those who tabled Amendment 7, that the security requirements will need to be met for all new connectable products offered to consumers in the UK, including those offered through online marketplaces. These marketplaces often act as a manufacturer, importer or distributor and, in those cases, they are subject to the same duties and security requirements as those three types of economic actor. If, however, the online marketplace does not fall into one of these three categories, the manufacturers, importers and distributors of those products are all still fully responsible for complying with security requirements.
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The Government recognise that no law is perfect and that malicious actors may try to exploit the difficulties of enforcement against overseas businesses. For this reason, the Bill provides the Secretary of State with robust enforcement powers to address cases of non-compliance. The powers enable the enforcer to monitor the market, warn consumers of risks and, where appropriate, seize and recall products.
I agree with noble Lords that consumers need assurance that the products they buy and use are secure. For the supply chain to provide that reassurance requires alignment across a range of policy areas, including product security and safety. The Bill’s new security framework will sit alongside the existing legislation for product safety. We have designed this legislation to
work in a similar way. That makes it easier for both businesses and consumers to know their rights and responsibilities.
The Government are conducting a review of the product safety framework and intend to publish a consultation later this year which will include proposals to tackle the sale of unsafe products online. Officials will continue to liaise with colleagues at the Department for Business, Energy and Industrial Strategy to ensure that the product safety and cybersecurity regimes are coherent and offer similar levels of protection for consumers.