Compliance

Digital Services Act

EU regulation setting due diligence, transparency and notice duties for online intermediaries, including marketplaces selling to EU consumers.

Aliases: DSA, Regulation (EU) 2022/2065, 数字服务法, 欧盟数字服务法案

Structure

The Digital Services Act, Regulation (EU) 2022/2065, applies in tiers. All intermediary services face baseline duties: transparency reporting, terms of service, a point of contact and compliance with orders from authorities. Hosting services add notice-and-action and statement-of-reasons obligations. Online platforms add complaint handling, out-of-court dispute settlement and advertising transparency. Very large platforms carry the heaviest regime, including systemic risk assessment and audits.

Online marketplaces have a dedicated set of duties under the marketplace provisions, and those are the ones that reach sellers.

Marketplace duties that affect sellers

Trader traceability. Before allowing a seller to offer products, the marketplace must obtain identification data: name, address, contact details, registration number and self-certification. Suspension follows if the data is not provided.
Design compliance. Interfaces must let traders comply with product safety and labelling rules, including information on the product and the responsible person.
Information on the offer. Where a product is not compliant, the marketplace must inform the seller and act.
Random checks. Marketplaces must make reasonable efforts to check compliance, at least for some offers.
Consumer information. Buyers must be told who the seller is and how to contact them.

Enforcement and reach

The Act applies to providers offering services in the EU regardless of establishment. Penalties reach up to 6 percent of global annual turnover for the largest platforms. National digital services coordinators enforce the general regime, and the Commission enforces the very large platform regime.

Effect on sellers

The practical effect is a longer onboarding: identity documents, tax numbers, product certificates and, in some categories, evidence of the EU responsible person. Listings can be suspended for missing data rather than for a product defect.

Interaction with product law

The DSA is about process and traceability, not about product safety standards. Product safety obligations come from GPSR, which the DSA refers to. Intellectual property complaints follow platform notice-and-takedown channels, which the DSA structures, while the substantive rights come from intellectual property law. Product-specific rules and market surveillance enforcement continue in parallel.

Primary source: Regulation (EU) 2022/2065, especially Articles 16, 30 and 32.

FAQ

Does the DSA apply to sellers or to platforms?

The obligations fall on intermediary services, including marketplaces. Sellers are affected because marketplaces must collect and verify seller data, and can suspend offers when it is missing.

What is the trader traceability duty?

Marketplaces must obtain identification data from traders before allowing an offer, including address, contact details, registration numbers and a self-certification, and must suspend traders that do not provide it.

What are the penalties for platforms?

Up to 6 percent of global annual turnover for very large platforms, plus periodic penalty payments. National coordinators handle the rest of the regime.

Does the DSA replace product safety rules?

No. It adds due diligence and transparency duties. Safety rules come from [GPSR](/wiki/gpsr) and sector directives, and market surveillance enforcement is unchanged.

Can a listing be removed without a court order?

Yes. Platforms act on notices and on their own checks, and the DSA requires a statement of reasons and a complaint route, but removal does not require a court decision.