As businesses move more services online, interactive features like comment sections, forums, and user reviews have become key tools to engage customers. But under the European Union’s Digital Services Act (DSA), these features are now subject to stricter rules. In this article, we break down: Who the DSA applies to, and what steps your business needs to take to stay compliant.
What is the Digital Services Act?
The DSA is part of the EU’s broader push to regulate the digital space. It became law on 16 November 2022, and most of its rules took effect in 2024. While much of the attention has focused on “very large online platforms” (VLOPs) like Amazon or “very large online search engines” (VLOSEs) like Google, the DSA affects many businesses, big or small, if they offer services to users in the EU.
Who does the DSA apply to?
The DSA applies to various types of intermediary services, including:
- Mere conduit services: services that simply transmit data, like VPNs.
- Caching services: services that temporarily store data to speed up delivery.
- Hosting services: this includes cloud platforms, social networks, marketplaces, app stores, forums, and other sites that store and share user content.
Even if your company is based outside the EU, you must comply if you have users in the EU. The law is proportionate: very large platforms face stricter obligations, while smaller services benefit from lighter requirements.
What counts as an “online platform”?
The DSA has a broad definition. If your business provides features that let users post, share, or interact with content, you might be classed as an online platform under the DSA. Examples of these features include:
- Community forums
- Review sections
- Discussion boards
- User support platforms
- Professional networks
These features could lead to legal responsibilities, even if they are not the main focus of your service. However, if they are small, clearly secondary to your main service, and technically integrated with it, it may be exempt from some of the rules. For example, a comment section on a news article might be seen as a secondary feature and therefore exempt. In contrast, a full user forum is more likely to be considered a core interactive service and would not qualify for the same exemption.
If you’re unsure, it’s best to assume the DSA applies and seek legal advice. Fines can be up to 6% of global turnover.
What do businesses need to do?
To stay compliant and avoid penalties, businesses should:
- Check if the DSA applies to their platform or features.
- Audit current practices, including moderation and user policies.
- Update terms and procedures to match DSA requirements.
- Appoint a legal representative, if they’re established outside the EU
- Keep records of moderation and risk management efforts.
Need help understanding how the DSA affects your business or appoint a legal representative? Book a free 20-minute call with us to get the support your business needs.
