In 2024, the Dutch e-commerce world stepped into a new era with the full rollout of the Digital Services Act (DSA)—a regulation that reshapes the rules of the digital marketplace across the Netherlands and the entire EU. The goal? To create a safer, more transparent digital environment that protects consumers, reins in illegal content, and levels the playing field for businesses. Here’s what e-commerce players need to know to stay compliant and thrive under the DSA.
The DSA Unveiled
As of February 17, 2024, the DSA is fully active across the EU, replacing the old e-Commerce Directive and introducing a new set of rules that redefine accountability and transparency for online platforms. Here’s what’s in the spotlight:
- Cracking Down on Illegal Content and Disinformation
Platforms are now required to actively monitor and tackle illegal content, products, and disinformation. This means a proactive approach to keeping digital spaces safe and truthful. - Advertising Transparency
Transparency is no longer optional. Platforms must openly disclose their targeted advertising practices, explaining the parameters behind personalized ads and recommendations. - Protection for Minors
The DSA puts a firm stop to using minors’ personal data for targeted ads, providing stronger safeguards for young users. - Traceability of Traders
For online marketplaces, it’s time to step up traceability. Platforms must now collect and publish detailed information about the companies selling on their sites, making it easier to root out unreliable traders. - Risk Assessments for Major Platforms
Large platforms are under the microscope, with an annual requirement to conduct risk assessments that identify and mitigate potentially harmful practices.
Enforcement and Oversight in the Netherlands
In the Netherlands, DSA compliance is enforced by the Netherlands Authority for Consumers and Markets (ACM) and the Dutch Data Protection Authority (AP). Although enforcement hit early delays, the ACM now has retroactive authority to act once the DSA’s Implementation Act goes live. For e-commerce businesses, this means compliance isn’t a suggestion—it’s mandatory, with the regulators ready to ensure accountability.
What the DSA Means for E-Commerce in the Netherlands
For e-commerce players in the Netherlands, compliance with the DSA is critical to avoid steep penalties. Here’s what businesses need to focus on:
- Combatting Illegal Content and Disinformation
Implement measures to detect and remove illegal content and curb disinformation within your digital ecosystem. - Ad Transparency
Clearly communicate the logic behind personalized ads and recommendations, giving users the insight they deserve. - Protecting Young Users
Eliminate the use of personal data for targeted ads aimed at minors, aligning with the DSA’s protections for younger audiences. - Trader Identification
Publish clear, accurate information about the traders on your marketplace to boost transparency and consumer trust. - Risk Mitigation for Large Platforms
Conduct regular risk assessments to spot potential harmful practices and adopt strategies to mitigate these risks proactively.
Non-compliance isn’t just risky—it’s expensive. With the power to levy fines up to 6% of global annual revenue for repeated violations, the European Commission isn’t holding back.
Building Trust Through Compliance
The DSA isn’t just about ticking regulatory boxes; it’s about fostering a digital space where consumers feel safe, informed, and valued. For e-commerce businesses in the Netherlands, aligning with the DSA doesn’t just mean avoiding fines; it’s an opportunity to build trust, demonstrate integrity, and thrive in a competitive digital marketplace. With X-Compliance, businesses don’t just follow the rules—they lead with transparency and a commitment to fair, open, and accountable e-commerce.