In addition to the general obligations that apply to all intermediary services under the Digital Services Act (DSA), online platform operators must comply with specific additional due diligence obligations. These obligations are based on the requirements for hosting providers and are intended to ensure a higher level of transparency, accountability and user protection, among other things. This is intended to create a safer online environment and effectively mitigate systemic risks such as illegal content, manipulation and disinformation.
Online marketplaces that facilitate distance contracts between consumers and businesses play a special role. According to the DSA, they constitute a distinct ‘fourth level of regulation’. Operators of such marketplaces are subject to additional obligations, primarily to ensure the traceability of commercial providers and protect consumers from illegal or unsafe products.
These stricter obligations do not apply to micro and small enterprises. For the purposes of the DSA, service providers are considered to be small or medium-sized enterprises (SMEs) if they employ fewer than 50 people.
Overview: DSA Obligations for Online Platforms and Marketplaces
| Obligation under the DSA | Content / Requirements |
|---|---|
| Internal Complaints Management System (Art. 20 DSA) |
Establishment of a user-friendly, easily accessible system for handling complaints against content moderation decisions (e.g. deletion, account suspension). Complaints must be able to be submitted electronically and free of charge. Complaints must be handled promptly, without discrimination and with due care. Users must have access to the system for at least six months after the decision. |
| Out-of-Court Dispute Resolution (Art. 21 DSA) |
Users must have the option of challenging the platform's decisions out of court at certified dispute resolution bodies. The platform must point out this option and cooperate with the body. The costs are borne by the platform; users incur no or only minimal fees. |
| Measures Against Abusive Reports (Art. 22 DSA) |
Platforms must take measures to prevent and sanction abusive reports and complaints. |
| Handling of Reports from Trusted Whistleblowers (Art. 22 DSA) |
Reports from whistleblowers classified as ‘trusted flaggers’ must be given priority and handled with care. |
| Transparency of Advertising (Art. 26 DSA) |
Advertising must be clearly identified as such. Information about the advertiser and relevant parameters (e.g. why the advertisement is being displayed) must be made transparent. |
| Transparency of Recommendation Systems (Art. 27 DSA) |
When using recommendation systems, the main parameters that lead to the selection and display of content must be explained in an easily understandable form. |
| Protection of Minors (Art. 28 DSA) |
Appropriate measures must be taken to protect minors, e.g. age-appropriate design, age restrictions and special precautions for use by children and young people. |
| Special Obligations for Online Marketplaces (Art. 30 DSA) |
Operators of online marketplaces must ensure the traceability of traders (‘Know your Business Customer’), protect consumers from illegal products and ensure that traders can fulfill their information obligations. |
Consulting and Information on DSA Compliance
GDPR stands for: General Data Protection Regulation and refers to the basic data protection regulation which has been directly applicable in all EU member states since 25.05.2018. We would like to briefly highlight the essential aspects of the new regulations for you and present our consulting approach.