Digital Services Act (DSA)

Digital Services Act (DSA) in practice

Allow customer reviews or third-party sellers on your online shop and you may become an online platform under the DSA. Regulation (EU) 2022/2065 does not set one rulebook for everyone. Obligations build up in layers: a hosting provider has some, a marketplace has more, and very large platforms with 45 million or more users in the EU have the most.

We first assess which layer your service belongs to and whether the relief for micro and small enterprises applies. We then prepare terms of service, a notice and action procedure, complaint handling and documentation on advertising and recommender systems. We also review your website's interface for manipulative design.

What we help with

Service classification: intermediary, hosting, online platform, marketplace
Terms of service and annual transparency report
Notice and action mechanism and complaint handling
Interface review for dark patterns
Advertising and recommender system transparency documentation
Representation in inspections by the supervisory authority

Worth knowing

Dark patterns ban

Article 25 prohibits online platforms from using interfaces that deceive or manipulate users. Examples include a prominent "I agree" button next to a barely visible refusal link, repeatedly asking about a choice already made, or making cancellation harder than sign-up.

Ads must be identifiable

For every ad, the platform shows that it is an ad, on whose behalf it is displayed and who paid for it. Targeting ads based on sensitive data under Article 9 GDPR, and targeting ads at minors, is prohibited.

Relief for small businesses

Micro and small enterprises are exempt from part of the online platform obligations, such as the internal complaint system. They keep the general intermediary duties and, for hosting, the notice mechanism.

Penalties

Under Article 52, fines can reach 6% of worldwide annual turnover. Very large platforms and search engines are supervised by the European Commission.

Common questions

If you sell only your own goods with no user content, usually only to a limited extent. If you allow reviews, comments or third-party sales, the DSA may apply. Under Article 19, micro and small enterprises are exempt from some obligations.
Design that makes a free and informed choice harder. Examples are options with unequal prominence, repeatedly asking for consent you have already refused, making cancellation harder than sign-up, or false urgency.
They apply side by side. The GDPR governs personal data processing; the DSA governs content, moderation and advertising transparency. For targeted ads, the DSA adds a ban on profiling minors (Article 28) and on profiling based on sensitive data (Article 26).

Preparing for the consultation

What to prepare for your consultation

Tick what you already have. You can print the list or save it as a PDF. Your ticks are remembered only in your browser.

For every matter

documents: contracts, decisions, demand letters, invoices
correspondence with the other party or the authority
a short timeline of what happened and when
the questions you want answered and what outcome you hope for

Also for this area

a Business Register extract and the articles of association
exactly what should change: director, registered office, shareholder, company name
identity documents of the people who will sign
contracts with partners that the matter concerns

0 of 8 ready

Discuss your matter with a lawyer

In a consultation we assess your situation, suggest a way forward and tell you what costs to expect.

€90 incl. VAT, 30 minutes, in person or online

This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.

Digital Services Act (DSA)