What does the DSA change for marketplaces?
The DSA (Digital Services Act) is one of the most significant regulatory changes for online platforms in recent years. For marketplaces, it means moving away from the approach where a platform is treated solely as a neutral technology intermediary.
Until now, many sales platforms assumed that their role was limited to providing infrastructure, while full responsibility for the content of offers rested with sellers. The DSA does not eliminate this model, but significantly expands it by imposing specific organisational, information, and compliance obligations on platform operators.
In practice, this means that DSA compliance is not limited to updating terms and conditions. It requires the implementation of procedures and processes that will operate on a day-to-day basis.
What obligations does the DSA impose on a sales platform?
If you operate a marketplace or e-commerce platform that enables sales by third-party sellers, you need to prepare for a range of new obligations.
The purpose of the regulation is to increase user safety, improve platform transparency, and limit the distribution of illegal goods and content.
The key obligations include:
- identification and verification of sellers,
- implementation of procedures for reporting illegal content,
- prompt removal or blocking of non-compliant listings,
- ensuring platform transparency,
- preparation of DSA-compliant terms and conditions,
- designation of contact points for users and public authorities.
It is important to ensure that these obligations are aligned with the platform’s architecture and its day-to-day operational processes.
Obligation to identify and verify sellers
One of the key elements of the DSA is the **Know Your Business Customer (KYBC)** principle, which requires marketplaces to identify and verify the business users operating on their platforms.
The platform operator should know who is selling through the platform. Collecting only the basic information declared by the user is not sufficient. The information collected should make it possible to clearly link the account to a specific business.
In practice, this means that platforms must collect and retain information such as:
- business name,
- registered office address,
- contact details,
- business identification number (e.g. VAT number),
- documents confirming the operation of the business.
In addition, the platform should implement mechanisms for updating and periodically verifying this information.
The lack of effective seller identification is currently one of the most common areas of non-compliance with the DSA.
Mechanism for reporting illegal content and listings
The DSA requires users to be able to easily report illegal content or listings published on the platform.
The reporting mechanism should be:
- easily accessible,
- intuitive,
- available for use also by users who are not logged in.
Providing a reporting form alone is not sufficient. The platform must ensure effective handling of reports and make decisions within a reasonable timeframe.
In practice, this means implementing:
Procedures for moderation
It should define the method for assessing reports and the criteria for making decisions.
Reporting handling workflow
Each report should be directed to the appropriate individuals or teams responsible for its analysis.
Documentation of actions taken
The platform should be able to demonstrate what actions were taken after receiving a report.
Without such processes, the reporting mechanism exists only formally, which may lead to a breach of obligations arising from the DSA.
Platform Transparency
One of the pillars of the DSA is increasing the transparency of how online platforms operate.
Users should understand how the marketplace operates and what rules apply when using the platform.
This applies in particular to information about:
- rules for displaying offers,
- the functioning of rankings and recommendations,
- the seller’s status (business or private individual),
- payment and settlement rules,
- users’ rights and obligations.
Transparent communication helps reduce the number of disputes and builds trust in the platform.
Marketplace terms and conditions and DSA requirements
With the entry into force of the DSA, the terms and conditions are no longer merely a formal document.
It should reflect the actual way the platform operates and include procedures required by law.
Marketplace terms and conditions should specify, among other things:
- rules for using the platform,
- procedures for reporting illegal content,
- rules for moderating listings,
- conditions for suspending or removing accounts,
- responsibilities of individual platform participants.
One of the most common issues is the discrepancy between the provisions of the terms and conditions and the actual operation of the platform. These situations often create the greatest legal risks.
Marketplace liability towards sellers and consumers
The DSA does not mean that a marketplace operator is automatically liable for every listing published by a user.
However, the regulation clearly increases the requirements regarding process organisation and responding to illegal activities.
This means that a platform may be held liable not for the content of an offer itself, but for failing to take appropriate action when it had information about a potential violation.
Therefore, it is particularly important to structure the relationships between:
With sellers
Through clear cooperation rules, verification procedures, and effective enforcement of the terms and conditions.
With consumers
By ensuring transparent operating rules, clear communication, and efficient contact procedures.
Well-designed liability rules help reduce the risk of disputes and increase the security of operating a platform.
The most common DSA compliance gaps
In many marketplaces, DSA compliance exists only at the level of declarations. In practice, however, recurring issues arise.
1. Lack of effective seller verification
The platform collects data but does not verify its accuracy or update the information.
2. Ineffective reporting system
The form exists, but there is no procedure for handling reports or designated individuals responsible for reviewing them.
3. Terms and conditions do not reflect actual platform operations
The document contains general provisions that do not reflect the actual way the platform operates.
4. Lack of contact points
The DSA requires providing contact options for both users and public authorities.
5. Arbitrary moderation
The lack of transparent decision-making rules may lead to disputes with sellers and users.
When is it worth conducting a DSA compliance analysis?
Not every change in a marketplace’s operations requires a full legal audit. However, there are situations where it is worth verifying the platform’s compliance with the DSA.
This applies in particular to:
- launching a new marketplace,
- entering new foreign markets,
- scaling up operations,
- implementing new functionalities,
- changes to the cooperation model with sellers,
- updates to the platform’s terms and conditions or policies.
The DSA is not a one-time implementation project. For marketplaces, compliance with the regulation should evolve together with the product and the organisation.
Summary
The DSA significantly changes the way sales platforms operate. Marketplace operators must now focus not only on technology and sales, but also on procedures, transparency, and risk management.
Proper implementation of DSA obligations allows businesses not only to meet legal requirements but also to increase platform security, build user trust, and reduce the risk of disputes.
If you operate a marketplace or are planning to launch a sales platform, it is worth regularly analysing the compliance of your processes, terms and conditions, and technical solutions with DSA requirements. This helps avoid costly mistakes and ensures stable business growth.