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February 17, 2024 the EU’s Digital Single Market Regulation (DSS) has entered into force¹ (with some exceptions, as some of the provisions of this regulation have been in force since 16 November 2022). While the provisions of the Digital Services Act (DSA) predominantly apply to large online platforms, the new obligations will not bypass smaller businesses. At the same time, translating the provisions of the regulation into practice may cause many difficulties. First of all, there is no consensus among lawyers as to which specific activities of online entrepreneurs will be subject to the DSA regulations.

According to a cautious approach, entrepreneurs who run, for example, an online store or advertise their services on social networks and allow users to leave ratings, should familiarize themselves with the new regulations and implement appropriate measures. Particularly noteworthy is the need to regulate the terms and conditions of use of the so-called “S.A. hosting (i.e. a service consisting in storing information provided by the recipient of the service). If an entrepreneur allows, for example, users of their online store to leave comments, they should specify what content in comments cannot be published, how prohibited content can be reported and how the report will be considered. An obligation under the DSA is also for the entrepreneur to appoint the so-called a contact point (e.g. in the form of a dedicated e-mail address or a contact form) through which the authorities of the state and the recipients of the services can contact them quickly and easily. The new rules aim to improve online safety and prevent disinformation without affecting freedom of expression.

¹ Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L of 2022, No. 277, p. 1, as amended).