E-commerce under the spell of the EU Digital Services Act (DSA)

The introduction of the Digital Services Act (DSA) has significantly changed the digital landscape in Europe. The Dutch government 's website ( link ) states that the DSA entered into force on February 17, 2024, and imposes stricter requirements on online platforms. This legislation, which entered into force on February 17, 2024, imposes stricter requirements on online platforms to ensure a more secure and transparent online environment.

What does the Digital Services Act entail?

The DSA is designed to offer both consumers and businesses better protection and legal certainty. According to the European Commission ( link ), providers of intermediation services, such as social media platforms, search engines, and online marketplaces, must act more transparently and address illegal content more swiftly. It imposes obligations on providers of intermediation services, such as social media platforms, search engines, and online marketplaces, to more effectively tackle the dissemination of illegal content and increase transparency.

Impact on web shops and marketplaces

For webshops and online marketplaces, the DSA means they bear greater responsibility for the content and products offered on their platforms. An analysis by Emerce ( link ) shows that companies are now required to report more clearly about their sellers and guarantee the safety of products offered. For example, they must collect and publish more information about the companies selling through their platforms. In addition, there are stricter requirements regarding transparency and consumer protection.

Experiences of entrepreneurs

Emma, ​​an online jewelry store owner, noticed that the DSA required her to provide more information about her suppliers. "I had to take extra steps to verify the origin of my products and clearly communicate this information to my customers," she says.

Fatima, who sells sustainable fashion through her own webshop, appreciates the DSA's emphasis on transparency. "Mandating greater transparency aligns with my company values. I've expanded my product descriptions and ensure that all information about materials used and production processes is clear to consumers," she explains.

How entrepreneurs prepare for the DSA

To comply with the DSA, these entrepreneurs have taken the following steps:

• Improve information provision : Ensure clear and complete product information, including origin and specifications.

• Increase transparency : Communicate openly about business processes and responsibilities to consumers.

The Netherlands Authority for Consumers and Markets (ACM) ( link ) has developed guidelines to support businesses in implementing the DSA. These documents explain how businesses can adapt their processes to remain compliant. They offer practical tips and explanations of the new rules.

What does this mean for the future of e-commerce?

The DSA compels e-commerce businesses to take more responsibility and operate more transparently. While this requires additional effort, it also offers opportunities to increase reliability and customer trust. Those who adapt effectively now can gain a competitive advantage in the long run.

Legal advice for e-commerce entrepreneurs

For entrepreneurs seeking legal advice on complying with the Digital Services Act, there are several specialist firms that can provide support:

• ICTRecht : Provides legal support for e-commerce companies, including compliance with the DSA.

• Dommerholt Advocaten ( link ): Advises on e-commerce legislation and consumer law.

• Omnius Advocaten : Specialised in ICT law and providing legal support for online businesses.

It is wise to seek legal advice to ensure that your webshop or platform fully complies with the new regulations.