The introduction of the Digital Services Act (DSA) has significantly changed the digital landscape in Europe. According to the website of the Dutch government (link), the DSA came into force on 17 February 2024 and sets stricter requirements for online platforms. This legislation, which entered into force on 17 February 2024, places stricter requirements on online platforms to ensure a safer and more transparent online environment.
The DSA is designed to give both consumers and businesses better protection and legal certainty. According to the European Commission (link), providers of intermediary services such as social media platforms, search engines and online marketplaces have to act more transparently and tackle illegal content faster. It places obligations on providers of intermediary services such as social media platforms, search engines and online marketplaces to tackle the spread of illegal content more effectively and to increase transparency.
For stores and online marketplaces the DSA means they carry more responsibility for the content and products offered on their platforms. An analysis by Emerce (link) shows that businesses are now obliged to report more clearly on their sellers and to guarantee the safety of the products on offer. They have to gather and publish more information about the businesses selling through their platform. There are also stricter requirements around transparency and consumer protection.
Emma, owner of an online jewellery store, found that the DSA required her to provide more information about her suppliers. "I had to take extra steps to verify the origin of my products and to communicate that information clearly to my customers," she says.
Fatima, who sells sustainable fashion through her own store, appreciates the DSA's emphasis on transparency. "Mandating more transparency aligns with my company's values. I've expanded my product descriptions and I make sure all information about materials and production processes is clear to consumers," she explains.
To comply with the DSA, these entrepreneurs have taken the following steps:
Improving information: providing clear and complete product information, including origin and specifications.
Increasing transparency: communicating openly about business processes and responsibilities towards consumers.
The Authority for Consumers & Markets (ACM) (link) has developed guidance to support businesses in implementing the DSA. These documents explain how entrepreneurs can adapt their processes to stay compliant. They offer practical tips and explanation of the new rules.
The DSA forces e-commerce entrepreneurs to take more responsibility and operate more transparently. While this requires extra effort, it also offers opportunities to grow trust and customer confidence. Those who adapt well now can gain a long-term competitive advantage.
For entrepreneurs looking for legal advice on complying with the Digital Services Act, several specialised firms can offer support:
ICTRecht: provides legal support for e-commerce businesses, including DSA compliance.
Dommerholt Advocaten (link): advises on e-commerce legislation and consumer law.
Omnius Advocaten: specialised in IT law and offers legal guidance for online businesses.
It's wise to seek legal advice to make sure your store or platform fully complies with the new regulations.
