Yes, the core obligations apply to every online platform. Micro and small enterprises have some exemptions (Article 19 DSA). The strictest regime applies to very large platforms with 45 million or more monthly users in the EU.
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- kancelaria@aksamec.sk
- +421 904 625 859
- Národná 15, 010 01 Žilina
Marketplaces and the DSA
Marketplaces and the DSA in practice
A platform where third-party traders sell has different obligations from an ordinary online shop. Regulation (EU) 2022/2065, the Digital Services Act, requires it to verify sellers, let users report illegal content and avoid deceptive design. The platform's role matters too: while it merely hosts sellers, it is generally not liable for their content unless it knows the content is illegal.
We start by establishing whether your platform acts as an intermediary or more like a seller, because liability depends on it. We then draft seller agreements, the trader verification process, the reporting form and procedure, and rules on advertising and product recommendations. We also review the interface for dark patterns. In disputes we represent you before the Slovak Trade Inspection, the Digital Services Coordinator and the courts.
What we help with
- Determining the platform's role: intermediary or seller
- Seller agreements, including verification and notice periods under the P2B Regulation
- Notice and action mechanism and complaint handling
- Interface audit for dark patterns
- Transparency rules for advertising and recommender systems
- Representation before the Slovak Trade Inspection, the Digital Services Coordinator and the courts
Worth knowing
Trader verification
Article 30 DSA requires the platform to obtain and verify a trader's identification details before allowing them to offer goods. The details must be kept up to date and the service suspended if they are found to be incorrect.
Dark patterns
Article 25 DSA bans interface design that deceives or manipulates users, such as fake countdowns, invented numbers of people viewing a product or a subscription that is hard to cancel.
Minors and sensitive data
Profiling-based advertising aimed at minors is prohibited (Article 28 DSA). Targeting adverts using sensitive data, such as health or political opinions, is prohibited for all users.
Changing terms for sellers
Regulation (EU) 2019/1150 (P2B) requires changes to terms and conditions to be notified to sellers at least 15 days in advance.
Common questions
- The procedure under Article 16 DSA. Anyone can report a specific listing as illegal; the platform assesses the notice, decides and gives reasons to both the seller and the person who reported it.
- Up to 6% of total annual turnover for breaches of the DSA (Article 52). The Slovak Trade Inspection under Act No. 108/2024 Coll. and the Slovak data protection authority may also act.
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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.