In a nutshell
Amazon is testing two models in the US with “Shop Direct” and “Buy for Me” that go far beyond a new shopping feature. External shops are being integrated directly into Amazon search, and in some cases Amazon even purchases products automatically on behalf of customers. This raises numerous open questions around copyright, trademark law, consumer protection and the Digital Markets Act. At the same time, a larger shift is emerging: Amazon is increasingly expanding its role from a traditional marketplace to a central commerce interface for online retail.
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When Amazon shows products that are not sold on Amazon
Amazon has been testing new models for external commerce with “Shop Direct” and “Buy for Me” for some time. It is still unclear whether or when Amazon will bring these models to Europe. It also remains open whether this would be so straightforward, or whether European law could put limits on Amazon and thereby better protect brands and sellers. We asked Sandra May, legal expert at the German e-commerce association Händlerbund, for her assessment.
What is this about?
With “Shop Direct”, Amazon integrates external online shops directly into its own product search. Users see products from third-party shops within the Amazon app and are then redirected to the respective shop page to complete the purchase. Amazon earns commissions in the process.
With “Buy for Me”, Amazon goes one step further: here, the customer remains entirely within the Amazon interface while Amazon automatically executes the order in the background at the respective shop.
Both models significantly change the previous separation between the Amazon marketplace and external commerce. Suddenly, products can become part of the Amazon ecosystem even though merchants or brands deliberately do not want to sell there. This is precisely what gives rise to numerous legal questions.
Product images, texts and data: where does the copyright problem begin?
One of the first questions concerns the automated use of product data. As part of such models, Amazon apparently takes product images, texts and prices from external shops – in some cases without the active consent of the merchants.
Sandra May, legal expert at the German e-commerce retailer association Händlerbund, states:
“If Amazon uses product photos and texts from other shops without permission, this legally constitutes reproduction – and that requires a licence.”
Product images in particular are legally sensitive, as they are generally protected by copyright. However, the issue goes beyond individual images. As platforms increasingly retrieve product data from external stores, a new question arises. To what extent will commerce platforms be able to access third-party store infrastructures in the future – both technically and legally?
Brands appear on Amazon without wanting to
The issue becomes particularly sensitive when it comes to trademark law. Many companies deliberately invest in their own distribution channels and try to control their brand presentation outside large platforms. Some brands even explicitly prohibit their distribution partners from selling on certain marketplaces or have deliberately withdrawn from Amazon. If products nevertheless appear within the Amazon app, this could become problematic.
Sandra puts it this way:
“If brands are presented in this way, it could constitute exploitation of reputation, because it creates the impression that a business relationship exists. For consumers, that is exactly the impression that will arise.”
From a consumer perspective in particular, it is often unlikely to be clear whether a brand is actually working with Amazon or not. This creates not only trademark-related questions. It also raises reputational risks for companies that deliberately want to keep their distance from the platform.
New questions around contracts and bots
The situation becomes even more complex with “Buy for Me”. Here, according to the current understanding, Amazon merely acts as an intermediary and purchases on external shop pages on behalf of the customer. Legally, the contract therefore continues to be formed between the shop and the customer.
At the same time, this model potentially conflicts with existing shop terms and conditions, as many merchants expressly prohibit automated orders or bot access. Whether such orders can be rejected, however, depends heavily on how the respective shop structures the conclusion of contracts.
Sandra explains:
“In the case of binding offers, the contract is concluded directly. Cancelling an existing purchase contract is not easy.”
In addition, another question arises: do consumers recognise with sufficient transparency who their actual contractual partner is? If not, this could become problematic from the perspective of EU consumer protection law.
A risk factor for Amazon: the DMA
Alongside copyright, trademark law and consumer protection, another aspect comes into focus: the Digital Markets Act (DMA). Through “Shop Direct”, Amazon would potentially gain access to data that previously existed outside its own platform:
• Prices
• Assortment
• Demand
• Product availability
As Amazon is considered a gatekeeper under the DMA, the company is subject to particularly strict rules when handling business data. However, the model currently appears to sit in a regulatory grey area.
Sandra says:
“The DMA tends to assume data that Amazon has because merchants trade on the platform. With Shop Direct, the constellation is different.”
Whether and how the DMA will apply here in the future is therefore likely to depend heavily on the specific design of such models.
Why this development is strategically significant
The real significance of “Shop Direct” and “Buy for Me” may lie less in individual legal questions than in the direction indicated behind them. Amazon is increasingly expanding its role in e-commerce from a traditional marketplace to a central commerce interface. Even if the actual purchase takes place outside Amazon, Amazon potentially remains the central entry point for product search, product selection and the purchase decision.
👉 Marketplace Universe Insight: The key question in e-commerce may increasingly be less “Where is the purchase made?” and more “Who controls the entry point into the customer journey?”
For brands that have invested heavily in their own shops, communities and CRM structures, this could become relevant in the long term. Platform dependency would then no longer arise only through the transaction itself, but already through visibility, product search and customer access.
Key Learnings
• “Shop Direct” and “Buy for Me” raise numerous open legal questions in Europe.
• Potential conflicts around copyright, trademark law, consumer protection and the DMA are particularly relevant.
• The automated use of product images and brand presentations could be especially critical.
• “Buy for Me” also raises new questions around automated orders and contract law.
• Strategically, a larger development is emerging at the same time: Amazon is increasingly expanding its role from marketplace to central commerce interface.