DSA: reporting, moderation, and seller traceability

The DSA applies to intermediary services in the EU. A marketplace is typically a hosting service and an online platform; some specific obligations depend on its size. However, an exemption does not mean that a micro-platform has no DSA obligations.

Minimum requirements to implement regardless of specific exemptions#

• a contact point for authorities and for users, without mandating a specific automated tool;
• terms of service describing content/offer restrictions, moderation tools, and operating procedures;
• a mechanism for reporting illegal content/products with acknowledgment of receipt and a decision;
• efficient removal or blocking upon obtaining actual knowledge, while preserving evidence;
• clear justification for restricting, suspending, or terminating an offer/account when required by the DSA;
• a procedure for reporting suspected criminal offenses that endanger life or safety to authorities;
• publication of required information on moderation, unless a specific exemption applies.

Notice-and-action mechanism#

The form allows specifying the exact offer/content or its URL, explaining the illegality, attaching justification and evidence, providing name/company name and email, and making a declaration of acting in good faith and providing complete information. Contact details have an exception for specific reports concerning child sexual abuse material. The platform:

1. automatically confirms receipt;
2. assesses completeness and priority - product safety, fraud, and threats to life have a faster track;
3. decides in a timely, consistent, and objective manner;
4. informs the reporter of the decision and the possibility of appeal, if applicable;
5. informs the seller of the restriction with a specific justification, unless the law prohibits disclosure;
6. records evidence, basis, date, person/system, and further actions;
7. checks identical offers and attempts at re-publication.

Micro and Small Enterprise Thresholds#

In simplified terms according to EU recommendations:

Partner and affiliated enterprises are included in the assessment. The number of employees alone is not sufficient. Check the status annually and upon ownership change.

Marketplace obligations triggered upon exceeding micro/small status#

After losing the exemption - taking into account the statutory transition period - the platform implements at least:

• traceability of traders under Article 30 DSA: contact details, document/eID, payment account, registration and number, self-certification of compliance;
• due diligence verification of this data from reliable sources and updating discrepancies;
• secure data storage for the duration of the relationship and 6 months after its termination, then deletion, unless another provision provides a separate basis for specific data;
• public display of data required by Article 30 on the offer interface;
• compliance by design: an interface enabling the seller to provide all consumer and product information and reasonable offer checks;
• notification to buyers of an illegal product/service that the platform has become aware of, concerning purchases from the previous 6 months; if no contact is available - public announcement;
• internal complaint system and additional platform obligations provided by DSA.

Proof of moderation decision - not necessarily a separate register#

Each decision must allow reconstruction of: content/offer, scope of restriction, facts, signal source, regulatory/legal basis, use of automation, time, justification sent to the user, appeal, and outcome. This can be an existing request record with event history. A separate 'decision register' is only needed when the current model overwrites decisions, does not retain the sent justification, or does not allow for the preparation of required reports. If the decision is subject to transfer to the DSA transparency database, the process performs this without disclosing personal data.

Basis and sources: DSA - Regulation (EU) 2022/2065; European Commission - Digital Services Act; European Commission - definition of SMEs.