DSA obligations for online platforms: what to arrange
Online platforms under the DSA must comply with an internal complaint mechanism, advertising transparency, protection of minors and a ban on dark patterns, among others. Small enterprises are partly exempt.
Short answer: On top of the hosting and baseline duties, an online platform carries a set of additional obligations: an internal complaint mechanism, out-of-court dispute settlement, trusted flaggers, measures against misuse and false notices, transparency on advertising and recommender systems, protection of minors, and a ban on dark patterns. Micro and small enterprises are exempt from some of these.
Complaints and disputes
Users must be able to challenge a removal or restriction decision via an internal complaint mechanism, and additionally have access to out-of-court dispute settlement. Notices from trusted flaggers get priority. Against those who misuse the system (repeatedly posting illegal content or filing unfounded notices) you take measures, with prior warning.
Advertising, recommendations and design
For each advertisement you make clear that it is an ad, on whose behalf it is shown and why the user sees it. Profiling using special-category data for advertising is prohibited, and advertising targeted at minors based on profiling is not allowed. You explain how recommender systems work in your terms. Dark patterns โ deceptive interface designs that steer choices โ are prohibited.
Minors
Platforms accessible to minors take appropriate measures for their safety and privacy, in line with broader EU rules on minors online.
Proportionality
If you are a micro or small enterprise and not designated a VLOP, the specific platform duties (such as the complaint and dispute mechanism) do not apply โ the baseline and hosting duties do. So establish your size and role first.
Lees ook: DSA guide and DSA for online marketplaces.
Sources
- https://eur-lex.europa.eu/eli/reg/2022/2065/oj
Regulation (EU) 2022/2065 (DSA), Section 3 โ additional obligations for providers of online platforms. - https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package
European Commission โ DSA: obligations for online platforms.
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