The Digital Services Act
The EU Digital Services Act (DSA) regulates online intermediaries and platforms. It aims to ensure platform users’ safety by creating a fair and open online platform environment.
The CCPC is a competent authority for the DSA, with specific responsibility for Articles 30 to 32, relating to online marketplaces. Articles 30 to 32 apply to online marketplace providers that:
- have their main EU headquarters in Ireland,
- enable consumers to conclude distance contracts with sellers online, and
- are medium or large sized in terms of staff numbers and annual turnover, or balance sheet.
Coimisiún na Meán is Ireland’s Digital Services Coordinator with responsibility for the enforcement and application of the DSA.
Complaints
If you believe that an online marketplace provider has contravened the DSA, you can flag this issue directly with the online marketplace. For further information in relation to making a complaint under the DSA please refer to the website of Ireland’s Digital Services Coordinator, Coimisiún na Meán.
Article 30 – Traceability of traders
An online marketplace provider can only allow a seller to use their marketplace after getting the following information:
- The seller’s name,
- Address,
- Telephone number,
- Email address,
- Copy of ID document,
- Payment account details,
- Trade registry number, and
- A self-certification by the seller stating that they will only offer legal goods/services.
The online marketplace must show the seller’s name, address, telephone number, email address, trade registry number and self-certification in a clear, easily accessible, and understandable way. For sellers already using its services before 17 February 2024, the online marketplace provider must collect the required information within 12 months.
The online marketplace provider can only disclose the above information to third parties if required by law. The provider must store the information for 6 months after the end of the contractual relationship with the seller, then delete it.
If the online marketplace provider believes the above information is inaccurate, incomplete, or not up-to-date, they must ask the seller to fix it without delay. Should the seller fail to do so, the marketplace provider must suspend the seller from the marketplace. Sellers have the right to complain using the marketplace provider’s complaint-handling system if they are suspended or denied access to a marketplace.
Article 31 – Compliance by design
Online marketplaces must be designed so that sellers can easily provide consumers with all the legally required information, including:
- The seller’s contact information,
- Details about the products and/or services available,
- The seller’s identifying trademark, symbol or logo, and
- Any other information on labelling and marking required to comply with EU law for products.
The online marketplace provider must check that sellers have provided the information required above before allowing them to offer products or services. Online marketplace providers should also randomly check if illegal products or services are available on their platform by using available online databases and tools.
Article 32 – Right to information
When an online marketplace provider becomes aware that an illegal product or service was sold on its platform, it must take action. The provider must contact all EU consumers who purchased the illegal product or service in the 6 months prior to it becoming aware of the illegality. Consumers should be told the seller’s identity, and any avenues for seeking redress.
If the online marketplace provider does not have contact details for all affected consumers, they must publicly display the seller’s identity and any avenues for seeking redress on their platform.
Relevant links
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