DSA Compliance for Small Websites

The Digital Services Act (DSA) applies to nearly all websites and online platforms that operate in the European Union, including small personal blogs, hobby forums, and tiny e-commerce shops. If your website is accessible to users in the EU and you offer any online service—even for free—you must comply with at least the basic transparency and contact requirements, though the full obligations scale with your size and role.

What the DSA Actually Regulates

The DSA is an EU regulation that came into force in November 2022, with most obligations applying from February 17, 2024. It aims to make the online environment safer by holding platforms accountable for illegal content, disinformation, and unsafe products. The law covers a wide range of services: online marketplaces, social media, app stores, travel platforms, and even simple websites that allow user comments or reviews.

Critically, the DSA does not exempt non-commercial or hobby websites. If you run a blog with a comment section, a forum, or a small shop selling handmade goods, you are considered an “intermediary service” or a “hosting service” under the law. The only true exemptions are for services that are fully offline or that have no connection to the EU market.

Who Is Exempt? The Micro and Small Business Exceptions

The DSA provides reduced obligations for micro and small enterprises, but it does not exempt them entirely. A micro enterprise is defined as a business with fewer than 10 employees and an annual turnover or balance sheet total below €2 million. A small enterprise has fewer than 50 employees and turnover below €10 million.

If you qualify as micro or small, you are exempt from several of the more onerous requirements, such as:

• Publishing annual transparency reports about content moderation
• Conducting annual risk assessments
• Appointing compliance officers
• Providing a dedicated point of contact for authorities (though you still need a legal contact for users)

However, you are still required to comply with the core transparency and safety duties that apply to all intermediary services, regardless of size.

Core Obligations for All Websites

Even the smallest website must meet these baseline requirements:

• Transparency in terms of service: Your terms must clearly state any content moderation policies, including what content is prohibited and how users can report it.
• Notice and action mechanism: You must provide a way for users to flag illegal content or problematic posts, and you must respond to those notices in a timely manner.
• Reasoned statements for removals: If you remove or restrict content, you must inform the user why, and give them a chance to appeal.
• Contact information: You must provide a legal contact point (email or form) where users and authorities can reach you.
• No general monitoring: You are not required to actively monitor all content, but you must act once you become aware of illegal content.

These obligations apply even if you never make a single euro from the site. A free recipe blog with comments is still an intermediary service.

Additional Duties for Larger Platforms

If your website grows beyond the micro/small thresholds, or if you are classified as a “Very Large Online Platform” (VLOP) or “Very Large Online Search Engine” (VLOSE) with over 45 million monthly active users in the EU, you face significantly more requirements. These include:

• Conducting annual risk assessments on systemic risks (e.g., disinformation, illegal content)
• Publishing transparency reports every six months
• Providing researchers with data access
• Appointing an internal compliance function
• Implementing crisis response mechanisms

For a small website, these are unlikely to apply, but it’s worth understanding the scale-based approach.

How to Determine Your Role

To know exactly which DSA rules apply to you, follow these steps:

1. Identify your service type: Are you a hosting service (storing user content), an online platform (hosting and distributing user content), or just a website with no user-generated content?
2. Check your user base: Do you have users in the EU? If not, the DSA doesn’t apply.
3. Assess your size: Count your employees and annual turnover. If you’re below the micro/small thresholds, you get reduced obligations.
4. Review your features: Do you have comments, reviews, or uploads? That makes you a hosting service. If you also display and distribute that content to others, you’re an online platform.

Many small website owners are surprised to learn that even a simple contact form doesn’t make you a platform—but a comment section does.

Common Misconceptions and Practical Steps

One common myth is that the DSA only applies to big tech companies. In reality, the European Commission has made clear that the DSA’s basic obligations apply to all intermediaries, including small blogs and forums. Another misconception is that if you don’t make money, you’re exempt—that’s false. The DSA covers non-commercial services too.

To comply without overburdening yourself, start with these practical steps:

• Write clear terms of service that include your content policy and how users can report issues.
• Add a simple contact form or email address for legal notices.
• If you moderate content, explain your process and allow users to appeal removals.
• Keep records of any notices you receive and how you responded.

You don’t need to hire a lawyer for basic compliance, but if you’re unsure, a quick consultation can help.

Frequently Asked Questions

Do I need to register with any authority? No, the DSA does not require general registration. Only VLOPs and VLOSEs need to register with the European Commission.

What happens if I don’t comply? Penalties vary by EU member state, but can include fines up to 6% of your global turnover for platforms, and up to 1% for other intermediary services. For a small site, this could still be significant, so it’s best to comply.

Does the DSA apply if my website is in English but I live outside the EU? Yes, if your site is accessible to EU users and you don’t block them, the DSA applies. You can geo-block EU visitors to avoid the obligations, but that’s often not practical.

I only have a static website with no user content—do I still need to comply? If you have no user-generated content, you are not an intermediary service, so most DSA obligations don’t apply. However, if you use cookies or collect data, you still need to comply with GDPR.

Do I need to appoint a legal representative in the EU? Only if you are a platform or hosting service that is not established in the EU but offers services there. If you’re a micro or small business, you may be exempt from this requirement.

Can I just add a disclaimer to avoid liability? No, a disclaimer doesn’t exempt you. You must actively provide a notice mechanism and respond to illegal content reports.

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