Inês F. Neves, an associate at Morais Leitão, wrote the opinion article "The traceability of traders in the Digital Services Regulation: don't be afraid to ask" published in the magazine Distribuição Hoje, in which she discusses the implementation of the Digital Services Regulation (DSA) in Portugal, emphasising the importance of the traceability of traders.
The DSA aims to guarantee a safe online environment, protect consumers and combat the spread of illegal content. It introduces due diligence obligations for intermediary service providers, with specific requirements for different types and sizes of provider. ANACOM will have a significant role in overseeing compliance with these obligations.
The lawyer also mentions the introduction of the "Know Your Business Customer" (KYBC) principle, internalised in the DSA, reflecting the paradigm shift and the importance of transparency and consumer trust in online services: "This principle emerges as a true assumption of the commercial relationship of online platform providers with traders who, through their platforms, intend to promote messages or the offer of products and services and, therefore, conclude contracts with consumers located in the Union."
See the annex for the full article.
(The article is only available in Portuguese.)
