DSA: Common Scenarios

Common Scenarios

Practical guidance for applying the DSA to real-world situations.

Scenario 1: User Reports Illegal Content

Question: A user reports a post containing hate speech. What must we do?

Answer:

Acknowledge the notice without undue delay
Review the content diligently and objectively
Decide whether to remove/disable
Inform both the reporter and the poster of the decision
Statement of reasons if you act — explain the legal ground, facts, and remedies available

Citation: Art 16, Art 17

Scenario 2: Removing Content Without Notice

Question: Can we proactively remove content without waiting for a notice?

Answer: Yes. Platforms can moderate content on their own initiative. However:

Still must provide statement of reasons to affected user
Must follow T&C consistently
Cannot be required to do general monitoring (Art 8)
Voluntary moderation doesn’t create liability (Art 7)

Citation: Art 7, Art 8, Art 17

Scenario 3: Labeling Ads

Question: How must we label advertisements on our platform?

Answer:

Mark clearly as “Ad”, “Sponsored”, or equivalent
Show who paid for the ad (person/company name)
Show why the user was targeted (main parameters)
Display in real-time with each ad
Do NOT target using sensitive categories (health, politics, religion)
Do NOT target minors via profiling

Citation: Art 26, Art 28(2)

Scenario 4: Explaining the Algorithm

Question: A user asks why they see certain content. What must we explain?

Answer: Your T&Cs must disclose:

Main parameters of your recommender system (engagement, interests, recency, etc.)
Options for users to modify/influence recommendations
For VLOPs: must offer at least one non-profiling option (e.g., chronological)

The explanation should be in plain, intelligible language.

Citation: Art 27, Art 38

Scenario 5: Are We a VLOP?

Question: We have 50 million users globally but only 30 million in the EU. Are we a VLOP?

Answer: No. The threshold is 45 million average monthly active recipients in the EU. Your EU user count (30M) is below threshold.

If you reach 45M EU users, you must:

Report user numbers to Commission
Await formal designation
Comply within 4 months of designation

Citation: Art 33

Scenario 6: Small Platform Exemptions

Question: We’re a small hosting provider with 100 users. Do all DSA rules apply?

Answer: Reduced obligations apply. The DSA has tiered obligations:

Your Size	Obligations
All intermediaries	Contact point, legal rep, T&C transparency
Hosting (any size)	+ Notice-and-action, statement of reasons
Platforms (non-micro/small)	+ Complaints, trusted flaggers, ad transparency
VLOPs (45M+ EU users)	+ Risk assessment, audits, enhanced transparency

Small/micro enterprises (< 50 employees, < €10M turnover) are exempt from some platform-specific obligations.

Citation: Art 19

Scenario 7: User Appeals Content Removal

Question: A user disagrees with our removal decision. What must we offer?

Answer:

Internal complaint mechanism (Art 20)
- Free of charge
- Easy to access
- Timely decision
- Cannot be solely automated if human review requested
Out-of-court dispute resolution (Art 21)
- User can choose certified body
- Binding on platform if user accepts

Citation: Art 20, Art 21

Scenario 8: Marketplace Seller Verification

Question: We run an online marketplace. What do we need from sellers?

Answer: Before allowing sellers to offer products, you must collect and verify:

Required Information	Verification
Name, address, contact	Collect
ID document (individuals)	Collect
Trade register (companies)	Verify in database
Bank account details	Collect
Self-certification of compliance	Collect

You must make seller identity visible to buyers and use best efforts to verify information.

Citation: Art 30-31

Scenario 9: Crisis Event Response

Question: There’s a public health emergency. Does the Commission have special powers?

Answer: Yes. During crises (war, terrorism, pandemic, natural disaster), the Commission can:

Require VLOPs to assess their contribution to the threat
Require specific, proportionate mitigation measures
Require reporting on actions taken

This is temporary and must be necessary and proportionate.

Citation: Art 36

Scenario 10: Researcher Data Access

Question: A university researcher wants access to our platform data. Must we provide it?

Answer: For VLOPs: Yes, under certain conditions:

Researcher must be “vetted” (affiliated with research organization, independent, nonprofit purpose)
Request made through Digital Services Coordinator
Data access subject to security and privacy safeguards
Proportionate to research purpose

For non-VLOPs: No mandatory data access obligation.

Citation: Art 40

Quick Reference Table

Scenario	Applies To	Key Articles
Content removal notice	Hosting +	Art 16-17
Labeling ads	Platforms +	Art 26
Recommender transparency	Platforms +	Art 27
Non-profiling option	VLOPs only	Art 38
Ad repository	VLOPs only	Art 39
Risk assessment	VLOPs only	Art 34
Seller verification	Marketplaces	Art 30-31
Small enterprise exemption	Platforms	Art 19