We run a webshop with reviews or a platform feature, does the DSA hit us?
The Digital Services Act targets online intermediaries, hosting providers and online platforms. The heaviest duties sit with VLOPs, but base rules apply more broadly.
Try this first
- 1Decide what kind of service you provide under the DSA. Pure e-commerce without user content sits mainly under consumer law; reviews, a marketplace or forum makes you an online platform.
- 2Set up an accessible notice channel for illegal content. Any visitor must be able to file a notice without an account, with a reason.
- 3Give content decisions back to users substantively, with information on internal complaint handling and out-of-court dispute resolution.
- 4Be transparent about advertising: who pays, and no targeting on special-category data or on minors.
- 5Marketplaces have to do know-your-business-customer for sellers and keep base records. Bake it into the onboarding flow once.
When to bring us in
Unsure whether you qualify as an online platform or as a hosting provider, get a specialist IT lawyer to assess the service.
See also
- Does NIS2 apply to my company?Two questions decide it: are you in a listed sector, and do you meet the threshold from Recommendation 2003/361/EC (more than 50 FTE and more than EUR 10M turnover or balance sheet). Below that you are only indirectly in scope, via your customers. The threshold determines whether you are an important or essential entity depending on sector.
- What changes with the Dutch Cyber Security Act?The Cyberbeveiligingswet is the Dutch implementation of NIS2. Track NCSC for the exact effective date and the lower regulations.
- Am I personally liable as a director under NIS2?Yes. The board is accountable for approving and overseeing the cyber measures. Severe negligence can become personal.
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