Marketplaces, platforms and hosting services

• Regulation (EU) 2022/2065 — Digital Services Act, Art. 13

Who has to appoint one

Any provider of intermediary services offering services in the Union without an establishment there: hosting providers, online marketplaces, forums and platforms hosting user content.

Thresholds and exemptions

Micro and small enterprises are exempt from several platform duties, but not from appointing a legal representative.

What must appear on the label

The representative's name, address, email and telephone must be published in an easily accessible part of the service and notified to the coordinator of the member state where it is established.

Marketplace fields

App stores and payment providers increasingly ask for the DSA contact point before onboarding.

Documentation you must hold

Terms and conditions, notice-and-action mechanism, transparency reporting, and the record of the representative's designation.

Standards and testing

Not applicable.

Language requirements

A point of contact must allow communication in an official language of the member state of the coordinator and in a widely understood language.

When it applies

Applicable to all intermediary services since 17 February 2024.

How long records are kept

For the duration of the service, plus transparency reports.

What happens if you do not comply

Up to 6% of worldwide annual turnover, ordered by the Digital Services Coordinator.

Who enforces it

The Digital Services Coordinator of the member state where the representative is established, and the Commission for very large platforms.

Where the boundary lies

Article 13 DSA and Article 27 GDPR are separate appointments and one does not satisfy the other, even where the same company holds both.

Questions we are asked

We only host customer reviews — is that a platform?

Hosting user-generated content makes you a hosting service at minimum, which is enough to require the representative.