Typical online situations
Online platforms must not use interfaces that mislead or manipulate users or in any way limit their ability to make informed decisions. This includes, for example, hidden or pre-set consents, misleading offers, hidden fees, adding items to the basket without the user's consent, creating pressure through very limited time offers or giving the impression that items will soon be unavailable, non-functional choices, fake reviews, making it difficult to disagree or terminate the service, etc.
If an online marketplace discovers that a trader has offered illegal products or services, it must inform consumers (if their contact details are available) who bought the illegal product or service up to 6 months retroactively.
Online marketplaces must ensure that consumers have access to the identity and contact details of the traders who offer their goods and services there, so that consumers can quickly and effectively assert their rights in the case of defective performance.
Under the DSA, users should be able to easily notify content they consider illegal (e.g. hate speech, terrorist content, counterfeit content) to the online platform provider. The notification must be substantiated and contain a clear identification of the alleged illegal content (e.g. URL address). The provider shall address the notification and respond to it.
In the case of any restriction of the services of the user of online platform due to illegal content or violation of the terms and conditions, the user has the right to clear and specific justification, including instructions on the possibilities of redress. If the user disagrees with the provider's decision, it has the right under the DSA to:
- use the internal complaint-handling system (if it´s not a small online platform),
- turn to the out-of-court dispute settlement body
- file a complaint to the Digital Services Coordinator (CTU).
Users of online platforms have the right to get acquainted with the main parameters of recommendation systems and to change or influence these parameters. In addition, very large online platforms and online search engines must offer at least one ranking system for content that is not based on profiling.
Online platforms must introduce reasonable and effective measures to protect minors from harmful content or products.
Users of online platforms must be able to easily recognise that certain content is an advertisement and they have the right to know who the advertiser is and on what basis they have been identified as the recipients. The DSA also prohibits online advertising targeted at children.
After prior notice, providers of online platforms shall suspend the services of users who frequently publish manifestly illegal content. Similarly, after prior notice, they shall suspend the processing of notices of illegal content and complaints from users who frequently submit manifestly unfounded notifications or complaints.
A provider who offers its services in the EU but does not have an establishment here shall designate a legal representative in one of the Member States to act on its behalf. The provider shall communicate the name, postal address, e-mail address and telephone number of its legal representative to the national Digital Services Coordinator and make this information available on its website. Notification of the designation of a legal representative in the Czech Republic can be sent to the e-mail address podatelna@ctu.cz.