Digital Platforms & DSA Compliance Lawyers
DELCADE, a practice dedicated to DSA compliance and the legal security of your digital platforms and marketplaces.
Digital platforms (marketplaces, social networks, e-commerce sites) operate within a legal framework profoundly reshaped by the entry into force of the Digital Services Act (DSA). This European regulation imposes unprecedented obligations on content moderation, algorithmic transparency and user protection, the scope of which varies according to the size and nature of the platform. To these are added consumer law requirements, the contractual complexity inherent in multi-party relationships, and the risk of disputes with users, third-party sellers and regulators.
Our IT and Data lawyers advise platform operators, online merchants and digital businesses on the legal structuring of their activity, regulatory compliance and the management of their contractual relationships. We act at every stage of a platform’s life cycle, from its creation through to its international expansion, in both advisory and litigation contexts.
Digital Services Act (DSA) - mise en conformité
In force since 2024, the DSA redefines the obligations of online intermediaries on a proportionality basis: hosting services, online platforms, large online platforms (VLOPs) and large online search engines (VLOSEs) are each subject to distinct regimes. Accurately qualifying the platform and identifying the resulting obligations is the starting point for any compliance effort.
We handle in particular:
- Qualifying the platform under the DSA and identifying the applicable obligations
- Setting up mechanisms for reporting and handling illegal content
- Drafting and updating terms and conditions that comply with the DSA
- Algorithmic transparency and targeted advertising obligations
- Supporting large platforms subject to the enhanced obligations
Marketplaces - Legal Structuring and Risk Management
The marketplace is a business model in its own right, raising specific legal questions: how the operator’s role is qualified, the liability regime towards buyers and third-party sellers, and information and verification duties. Sound legal structuring is essential to secure the business and prevent disputes.
Our lawyers advise on:
- Structuring the marketplace model legally and qualifying the operator’s role
- Drafting terms of use and terms of sale for both buyers and sellers
- Professional-seller verification duties (KYB) and consumer information obligations
- Managing disputes between buyers, sellers and platform operators
- Framing online rating and review systems
E-Commerce and Consumer Law
Online selling means complying with a precise body of consumer rules: pre-contractual information, the right of withdrawal, statutory guarantees and unfair commercial practices. Failure to observe them exposes online retailers to administrative sanctions and to collective actions brought by consumers or accredited associations.
We advise online retailers and pure players on:
- Drafting and auditing terms of sale, return policies and legal notices
- Consumer law compliance (the Omnibus Directive, price information, consumer reviews)
- The compliance of digital interfaces (dark patterns, lawful UX)
Social Networks and Online Content
Social networks and content-sharing platforms are at the forefront of the DSA’s obligations, and are also exposed to specific risks: the dissemination of illegal content, infringement of third-party rights and editorial liability. Our lawyers advise both platform operators and businesses that build a commercial presence on them.
We advise on:
- Content moderation policy and the procedures for handling reports
- The operator’s liability in the event of the dissemination of illegal or infringing content
- Setting the legal framework for partnerships with content creators and influencers
- The compliance of advertising practices on social networks
- The protection of intellectual property rights on platforms
Terms of Use and Terms of Sale - Drafting and Updating
Terms of use and terms of sale are the contractual foundation of any digital platform. Poorly drafted, they expose the operator to significant risks: clauses deemed unwritten, expanded liability and serial disputes. Our lawyers draft and audit the terms of use and terms of sale of platforms of every size, incorporating the latest regulatory developments.
Our work covers:
- Bespoke drafting of terms of use and terms of sale tailored to the platform’s business model
- Auditing existing terms and identifying high-risk clauses
- Updating them in light of new regulations (DSA, Omnibus Directive, AI Act)
- Drafting privacy and cookie policies that comply with GDPR
- Managing contractual disputes with users and partners