The Application of the DSA to Web Shops and “Simple” Websites: What You Need to Know

The DSA also applies to web shops and “simple” websites!

Accordingly, a webshop operator who, as is usually the case, offers a rating and comment function is an online service within the meaning of Art. 6 DSA, as the operator stores user data and makes it publicly accessible.

An exception to the applicability of the DSA – which is probably to be understood narrowly – applies according to Article 3 lit. i) DSA only if it is an insignificant secondary function that is necessary for technical reasons. According to Recital 13 of the DSA, this should apply, for example, to the comments section of an online newspaper whose main function is to publish news. However, this exception does not apply, for example, to a social media platform where the comment function is a main function.

As a precaution – also in view of the sensitive fines of up to 6% of global annual turnover (!) for non-compliance and the threat of warnings from competitors and warning associations – the DSA’s requirements should therefore also be applied by “simple” web shops that provide their users with a rating – and comment function, a marketplace function or similar additional services should be taken into account!

Whether and when exactly the DSA also covers, for example, simple websites or web shops with more or less extensive rating and comment functions or a connected marketplace will have to be clarified successively by the courts and must be carefully examined in each individual case!

In addition to the very broad, open wording of the DSA, the purpose of the DSA to comprehensively protect consumers from illegal goods and misinformation and to create uniform conditions of competition for all companies speaks in favor of the DSA also being valid for online shops. In addition, a rating function, for example, can be viewed as an essential function of a shop or marketplace, so that the exception under Article 3 lit. i) DSA would not apply. Therefore, the size of a company, i.e. its regular number of users, fundamentally plays no role in the application of the DSA.

This means that the operators of “small” online shops should also have implemented its requirements and adapted their offers accordingly by February 17, 2024 at the latest, when the DSA comes into full force!