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Revolutionary changes in e-commerce

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by Damian Dobosz, Kamil Wielgus

6 February 2024


Major changes in e-commerce will become law on 17 February 2024. They are rooted in the EU Regulation of 19 October 2022 – Digital Services Act – DSA.
 

What does this mean?

 
As from 17 February 2024, the Digital Services Act will apply to e-commerce. This is another important step to legislate on virtual reality. It is worth checking if these statutory changes also apply to your business.
 

Who is affected?

 
The Digital Services Act may affect, among others, online platforms, service providers, websites and online shops through which e-commerce transactions are conducted. 
 

What are the new obligations? 

 
The Digital Services Act introduces a number of new obligations. They include in particular:

  • use of user-friendly web interfaces and algorithms,
  • new rules of liability for content on portals, including the obligation to prevent illegal content,
  • mechanisms for users to report illegal content, an internal complaint handling system, restrictions on blocking user accounts and related obligations to ensure the traceability of traders on platforms,
  • new obligations regarding the protection of vulnerable individuals (e.g. minors),
  • tackling unfair practices in e-commerce.
 

What are the penalties for non-compliance? 

 
Fines for failure to comply with the Digital Services Act are – depending on the offence – up to 6% of your annual worldwide turnover.

Penalties will be enforced by the European Commission, digital services coordinators and other regulators. 
 

How to prepare for the changes? 

 
Start with the following steps:

  • check if the Digital Services Act applies to your business,
  • check the transparency of your interface, algorithms as well as content and advertising control mechanisms, 
  • review your general terms and conditions of contracts, 
  • review your website practices (e.g. blocking user accounts), 
  • introduce mechanisms for reporting and dealing with user complaints. 
 

How can we help?  

 
We will be glad to check whether the Digital Services Act applies to your business and help you implement the necessary changes. 

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Damian Dobosz

Lawyer (Poland)

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