Self-employment and Direct Sellers

The majority of direct sellers work under the self-employed regime. Most of the legislation regulating the self-employed status is made at national level. Further to national legislation, there are also concrete rules at EU level regulating self-employed direct sellers in the EU.

‘Commercial agents’ are self-employed intermediaries authorised on a permanent basis to negotiate the sale or purchase of goods for and on behalf of another person. The Directive provides commercial agents with common rights and obligations throughout the EU, in particular with regard to contracts and commissions.

Article 12 (2) of Regulation 2004/883/EC mentions a special rule for self-employed persons working temporarily in another Member State: “A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first member State, provided that the anticipated duration of such activity does not exceed twenty-four months”.

Decision No A2 of 12/06/2009 provides an interpretation of the posting arrangements and procedures concerning the self-employed person posted in another Member State.

Please find more information on the Practical Guide concerning self-employed persons temporarily posted to another Member State.

EU relevant portals: