Digital operators guide · 7 min
DSA for e-commerce and platforms
The Digital Services Act has been in force since February 2024 and affects any platform with third-party content or sales. This guide explains specifically what applies to you if you have an e-commerce with reviews, a marketplace, a forum or an app with user content.
Important: This guide is educational synthesis and orientative. It does NOT constitute legal advice or binding conformity assessment. For specific cases, always refer to a specialised law firm.
Who the DSA applies to
The DSA regulates 'online intermediary services'. If your activity fits any of these categories, it applies to you.
Marketplaces with third-party sellers
Platforms that let others sell products or services on your site (Wallapop, Etsy, Amazon Marketplace, but also a local shop that lists products from external suppliers with direct sale).
E-commerce with reviews or UGC
Own stores that publish user content (reviews, photos, comments, support forums). Even if you sell directly, user content triggers the DSA.
Forums, communities, apps with content
Topic forums, private communities, apps with user feeds, course platforms with comments. Anything that is content published by people other than your team.
Search engines and directories
Vertical search engines, price comparators, business directories where users find information. If you index third-party content to facilitate search, it applies.
Important exceptions
- Micro-enterprise (<10 employees): Micro-enterprises are exempt from some obligations like full annual transparency reports (Art. 15.2 DSA). But NOT exempt from basic obligations: notification channel, complaint handling, clear terms of use.
- Encrypted private communications: Encrypted 1-to-1 messaging apps (WhatsApp, Signal in private mode) are not considered platforms for DSA purposes. Public or group channels with moderation are.
The 6 key obligations for an SME
If the DSA applies to you, these are the minimum obligations to implement.
Clear and accessible terms of use
Art. 14 DSAThe moderation policy must be in plain language, accessible, with information about restrictions, use of algorithms, human review, and complaint procedures. If you change something significant, you must notify users.
Illegal content notification channel
Art. 16 DSAAny person must be able to notify content they consider illegal (not just registered users). The mechanism must be easy, require no payment or complex registration. You must respond to notifications with due diligence.
Internal complaint system
Arts. 20-21 DSAIf you decide to remove content or suspend a user, the affected party must be able to appeal. A documented internal procedure + information about external resolution channels required.
Seller traceability (marketplaces only)
Art. 30 DSABefore activating a seller account, you must collect and verify name, address, phone, email and ID document. Information is kept for 5 years. Reasonable authenticity checks are mandatory.
Illegal product notification to buyers
Art. 32 DSAIf you discover that a product sold on your platform was illegal, you must inform affected buyers about the nature, identity of the seller, and means of recourse.
Annual transparency report
Art. 15 DSAEach year you must publish a report with moderation metrics: notifications received, decisions made, use of automated tools, dedicated resources. Micro-enterprises exempt (Art. 15.2).
Real-world Catalan SME cases
How the DSA would apply to three real types of Catalan SME.
Case 1 · Penedès winery
Online store with reviews
Penedès winery with direct sale to individuals and a wine review section. 4 employees, B2C sales.
→ Micro-enterprise: exempt from full annual report, but needs notification channel for abusive reviews + clear terms of use.
Case 2 · Marketing agency
Portfolio with client testimonials
Marketing agency with public portfolio where clients leave testimonials. 12 employees.
→ SME: needs notification channel + complaint handling + annual report. Can skip seller traceability (not a marketplace).
Case 3 · Local marketplace
Catalan artisans marketplace
B2C platform connecting Catalan local artisans with buyers. 18 employees, ~200 active sellers.
→ Full DSA applies including seller traceability (Art. 30): verify each artisan's identity before activating account and keep information for 5 years.
Sanctions for non-compliance
Fines are significant, and apply to all companies, not just multinationals.
6%
Maximum fine for serious infringements, as percentage of global annual turnover.
5%
Daily coercive fines to force compliance with European Commission decisions.
1%
For minor infringements (failing to submit reports, not responding to requests).
Does the DSA apply to you? Find out now
Take the interactive diagnostic or talk to IAescola about your specific case.