With the Digital Services Act (DSA) coming into force on February 17, 2024, online stores must prepare for significant changes. Recognizing the rapid development of technology and the growing role of e-commerce, the DSA is introducing a series of regulations regarding the provision of digital services, which also covers the operation of online stores.
E-commerce has developed over the last decade, becoming an integral part of the modern retail market. However, with its expansion, challenges have emerged related to consumer protection, ensuring transaction security, and fair competition. The DSA, a response to these challenges, aims to regulate numerous issues related to online activities.
The new DSA regulations cover a wide range of issues, including personal data protection, the liability of digital platforms, and disclosure obligations for online businesses. Another important element is the regulation of rules for advertising and promoting products and services online. Therefore, businesses operating online stores must more precisely define the terms of their offers and comply with prohibitions against misleading consumers through unfair marketing practices.
The introduction of the DSA also requires addressing online stores' liability for user-published content. Stores that allow customers to post reviews, comments, or additional information must meet new obligations. These include designating a contact point for DSA-related matters. Furthermore, retailers must explain what content they consider illegal, how they verify its legality, and provide a way to report content others consider illegal.
Does DSA apply to my online store?
The DSA also applies to online stores if customers/users can publish content that is displayed in the online store. If your online store allows the publication of, for example, reviews, comments, or additional information in a customer account that is not required for the transaction (e.g., a photo), then new obligations will need to be met.
How to introduce new responsibilities?
Online stores that allow users to publish content are required to designate a point of contact for matters covered by the Digital Services Act. There's nothing stopping you from designating the store's general email address as a point of contact.
Next, the seller should explain what content it considers illegal, how it verifies the legality of the content, and provide a way to report content that other users consider illegal. Finally, it is necessary to provide an appeals process (both for users whose applications are rejected and for those who posted the content) and provide a proper justification for the decision.
To sum up, it is necessary to change the store regulations or the regulations for the provision of electronic services.
Downloadable template
Ready-to-download content with explanations can be purchased in our online store: https://ecommercelegal.pl/products/dsa-aktualacja-regulaminu.
ecommerce.legal also offers individual support in implementing DSA-related obligations.
Dark patterns
One of the key issues regulated by the DSA is so-called "dark patterns"—practices aimed at manipulating users into making decisions that are unfavorable to them. The new regulations prohibit such practices, which requires special attention from online stores.
Summary
In summary, the DSA introduces significant changes to the operation of online stores, imposing a number of new obligations related to both personal data protection and ensuring fair trading practices. E-commerce businesses should carefully review the new regulations and implement the necessary changes to comply with legal requirements and continue to operate effectively in the online market.
