The Digital Services Act
The EU Digital Services Act (DSA Regulation, hereafter the DSA) introduced rules for online platforms operating in the EU. You can find further information on trader obligations of the DSA in the Digital Services Act 2024.
What is the Digital Services Act?
The DSA regulates online intermediaries and platforms to ensure user safety by creating a fair and open online platform environment.
The Competition and Consumer Protection Commission (CCPC) is the competent authority for Articles.30 (Trader Traceability), A.31 (Compliance by Design) and A.32 (Right to Information) of the DSA, for Irish based providers. This guide outlines the obligations under Articles 30 to 32.
The CCPC is responsible for enforcing Articles 30 to 32, which apply to online platforms providers that:
- Have their main EU headquarters in Ireland.
- Enable consumers to conclude distance contracts with sellers online.
These articles do not apply to platforms which are small or micro enterprises.
Coimisiún na Meán serves as Ireland’s Digital Services Coordinator under the DSA, with responsibility for the overall implementation and coordination of the Regulation. This role empowers Coimisiún na Meán to enforce compliance, liaise with EU institutions, and handle complaints. In contrast, the CCPC’s remit is limited to Articles 30, 31, and 32 of the DSA.
What are the traceability requirements for traders?
Under Article 30, online platforms must collect the following information before allowing a trader to operate on their platform:
- Basic contact details: name, address, telephone number, and email address of the trader
- Identity: copy of identification document of the trader
- Payment details: payment account details of the trader
- Business registration: the trade register in which the trader is registered (e.g. CRO) and registry number of the trader
- Compliance commitment: A self-certification -by the trader committing to only offer products or services that comply with EU law
Transparency to Consumers
Online platforms allowing consumers to conclude distance contracts with traders shall make available on its online platform - in a clear, easily accessible and comprehensible manner the information referred to above under the following headings only:
- Basic contact details
- Business registration
- Compliance commitment
The data collected by a platform from a trader must be stored for six months after the business relationship between the platform and the trader ends and can only be disclosed if legally required.
Online platforms must make best efforts to assess whether the information provided by traders is reliable and complete. The traders will be liable for the accuracy of the information provided.
If the online platform has reason to believe that any information provided by the trader is inaccurate, incomplete, or not up to date, they must ask the trader to fix it without delay. If the trader fails to do so, the online platform must suspend the trader from the platform, until the trader remedies the situation.
Traders have the right to lodge a complaint using the marketplace provider’s complaint-handling system if they are suspended or denied access to a marketplace.
How must marketplaces ensure compliance by design?
Under Article 31 of the DSA, providers of online platforms, allowing consumers to conclude distance contracts with traders, must design and organise their online interfaces so traders can meet their legal obligations. This includes making it easy for traders to provide consumers with all required pre-contractual details, compliance information, and product safety information in line with EU law.
Requirements:
- The online interface should enable a trader to provide information on the name, address, telephone number and email address of the economic operator (e.g. manufacturer).
- The online interface should be designed and organised in a way that it allows traders to provide at least the following to consumers:
- clear and unambiguous identification of the products or the services promoted or offered to consumers.
- Identifying trademarks, symbols or logos.
- Labelling and marking information required under EU law (product safety and product compliance).
Providers of online platforms shall make best efforts:
- Before allowing traders to operate on the platform, platforms should check that traders have provided all required information (as noted above).
- After traders are active on the platform, the platform must make reasonable efforts to randomly check official databases to see if products/services offered were flagged as illegal.
What are consumers’ rights to information?
According to Article 32, if an online platform, becomes aware that a trader has offered for sale, illegal goods or services to consumers, through its service, it must inform all consumers, that made a purchase (if they have their contact details) the following:
- The fact that the product or service is illegal.
- The identity of the trader.
- Any relevant means of redress.
This obligation applies to purchases made within the last six months before the platform became aware of the illegality.
Where the online platform does not have the contact details of all consumers concerned, that provider shall make publicly available and easily accessible on its online interface, the information concerning the illegal product or service, the identity of the trader and any relevant means of redress.
How can I make a complaint under the DSA?
For more information on submitting a complaint, visit Ireland’s Digital Services Coordinator, Coimisiún na Meán’s complaints section.
