I asked the EU, because I’m earning a little bit money besides my full-time job. As far as I understand, small companies don’t need to post their informations. But absolutely have no idea, also.
Their answer:
Thank you for contacting the Europe Direct Contact Centre.
According to the Digital Services Act (DSA), platforms will need to obtain certain details for traders before they use their services.
For traders already using such services, providers shall make their best efforts to obtain the information listed from the traders within 12 months from 17 February 2024. However, this shall not apply to providers of online platforms allowing consumers to conclude distance contracts with traders that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32003H0361
For further details of the specific Articles and Sections of the DSA that concern this please see below: Article 2(b) of the Digital Services Act (DSA) states that “(t)his Regulation lays down harmonised rules on the provision of intermediary services in the internal market. In particular, it establishes (…) (b) rules on specific due diligence obligations tailored to certain specific categories of providers of intermediary services.” Section 4, Chapter III of the DSA lays down further provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders.
Pursuant to Article 30, those providers “shall ensure that traders can only use those online platforms to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of their services for those purposes, they have obtained the following information, where applicable to the trader: (a) the name, address, telephone number and email address of the trader; (b) a copy of the identification document of the trader or any other electronic identification as defined by Article 3 of Regulation (EU) No 910/2014 of the European Parliament and of the Council (40); (c) the payment account details of the trader; (d) where the trader is registered in a trade register or similar public register, the trade register in which the trader is registered and its registration number or equivalent means of identification in that register; (e) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law.” Article 30(2) provides that “(u)pon receiving the information referred to in paragraph 1 and prior to allowing the trader concerned to use its services, the provider of the online platform allowing consumers to conclude distance contracts with traders shall, through the use of any freely accessible official online database or online interface made available by a Member State or the Union or through requests to the trader to provide supporting documents from reliable sources, make best efforts to assess whether the information referred to in paragraph 1, points (a) to (e), is reliable and complete. (…)
As regards traders that are already using the services of providers of online platforms allowing consumers to conclude distance contracts with traders for the purposes referred to in paragraph 1, on 17 February 2024, the providers shall make their best efforts to obtain the information listed from the traders concerned within 12 months. Recital 73 states that “(t)o ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, providers of online platforms allowing consumers to conclude distance contracts with traders should make best efforts to assess the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System, or request the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified payment accounts’ statements, company certificates and trade register certificates.”
Finally, please note that under Article 29, Section 4 of Chapter III “shall not apply to providers of online platforms allowing consumers to conclude distance contracts with traders that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC”, and that Article 3(f) defines a trader as “any natural person, or any legal person irrespective of whether it is privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession” Therefore, as stated above, classified websites allowing consumers to conclude distance contracts with traders, as long as they do not qualify as micro or small enterprises, will need to obtain the information laid down in Article 30(1) from traders using their services, and providers of those services will assess on a best effort basis whether the information provided is reliable and complete.
The Commission and the national Digital Service Coordinators (DSCs) are responsible for supervising, enforcing and monitoring the DSA. Each Member State has designated a Digital Services Coordinator (DSC), who is responsible for all matters relating to the application and enforcement of the DSA in that country. For more information, please contact them directly: https://digital-strategy.ec.europa.eu/en/policies/dsa-dscs
You can read more about the Digital Services Act here https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package
We hope you find this information useful. Please contact us again if you have other questions about the European Union, its activities or institutions.
