DSA comes into force: Strict rules for booking portals from now on!

Der Digital Services Act (DSA) stärkt den Schutz der Nutzer und regelt Pflichten von Online-Buchungsplattformen in der EU.
The Digital Services Act (DSA) strengthens the protection of users and regulates duties of online booking platforms in the EU. (Symbolbild/UH)

DSA comes into force: Strict rules for booking portals from now on!

In the world of digital services, there are fresh news that affects the providers of placement services in the hotel sector in particular. The Digital Services Act (DSA) has been in force since February 17, 2024 and has extensive regulations. This regulation aims to harmonize the EU's digital landscape and to strengthen the rights of users. Providers must now deal with new obligations and liability.

The DSA specifically applies to providers of mediation services, which also include numerous booking portals. Interestingly, hotels that only offer their own rooms and services benefit from one exception. But be careful: For websites that market several hotels, the consent to the DSA requirements depends heavily on the central management of the information. So far, the ECJ has not recognized a corporate privilege for these platforms, which means that all providers should pay good attention to meeting the new requirements.

New requirements for platforms

For booking portals, the DSA brings numerous innovations. Among other things, you are obliged to offer contact points for authorities and users. They also have to provide transparent terms and conditions and annual transparency reports to meet the increased requirements.

Another important aspect is the reporting and remedial procedure for illegal content, which must also be provided. Providers must also provide a clear reason if information is restricted. The KyBC principle (Know your business customer) requires platforms to demonstrate the identification of the applicant companies. This contributes to greater protection for users and promotes a trustworthy online environment.

  • obligations for booking portals:
  • Clearly defined terms and conditions
  • annual transparency reports
  • reporting procedure for illegal content
  • reasons for information restrictions
  • identification of the offering companies

The digital service law focuses on creating a uniform internal market for digital services. It is expressly emphasized that what is illegal offline must also be treated online as such. This not only corresponds to a legal principle, but also ensures that consumer rights are optimally protected.

challenges for providers

With the introduction of the DSA, it is also imperative for service providers to take proactive measures against illegal content. The providers are encouraged to set up registration systems and check the content quickly in order to act quickly against any violations. The fundamental rights such as freedom of expression must always be preserved.

These new obligations not only affect large platforms. Even smaller providers who have to implement the DSA rules from February 24, 2024 cannot run away from the challenges of the new guidelines. A good hand is required here to implement the requirements in good time.

An important part of the DSA is also the establishment of a comprehensive enforcement system. The EU member states will be responsible for the enforcement of the law, while the EU Commission monitors the very large platforms. In Germany, the Federal Network Agency takes over the central coordination of these measures. Consumerzentral.de also explains that consumers can expect the right to transparent complaints and can expect comprehensible decisions of platforms.

Overall, it can be seen that the Digital Services Act specifies a clear direction for the future of digital services in the EU. Hotels and booking portals are well advised to deal with the upcoming obligations at an early stage in order to avoid possible penalties of up to six percent of the global annual turnover. The new regulations also offer the opportunity to strengthen trust in digital services and create a safe online environment.

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OrtEU, Europa
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