Key Compliance Considerations for Online Marketplaces under the Digital Services Act

The EU’s Digital Services Act (“DSA”) was adopted in October 2022 and fully applicable since February 2024. It is one of the most ambitious attempts by the European Union to regulate the online world, and its enforcement is already making headlines. At first glance, Turkish companies might ask: why should we care about an EU law? The answer is simple; if you sell into the EU, operate an online marketplace, or even partner with EU platforms, the DSA can apply to you.

For many Turkish businesses, the EU is still the primary export market. That means the way the DSA is enforced can directly affect how Turkish products reach European consumers. It also sets a standard that business partners, investors, and regulators increasingly expect Turkish companies to follow. In practice, complying with the DSA is quickly becoming part of the “licence to operate” in Europe.

DSA Obligations for Online Marketplaces

Online marketplaces operating within the European Union are bound by a series of obligations under the DSA: (i) platforms designated as very large online platforms must carry out regular risk assessments and implement effective measures to mitigate systemic risks, particularly those linked to the dissemination of illegal content or products that may threaten consumer health, safety, or fundamental rights; (ii) marketplaces also have a duty to ensure trader traceability by collecting and verifying information about the businesses using their platforms, thereby guaranteeing that only legitimate traders are allowed to offer goods and services; (iii) they must provide user-friendly mechanisms that enable individuals to report illegal content or products easily, and they are required to act swiftly upon receiving such notifications; (iv) transparency plays a key role in these obligations, as platforms must disclose clear information about their recommendation systems, advertising practices, and content moderation decisions; and (v) finally, the DSA explicitly prohibits the use of dark patterns meaning designs that deceive or materially distort users’ ability to free and informed decisions.

Potential Consequences of Non-Compliance

The Commission has real enforcement power. Penalties can reach up to 6% of  a provider’s total worldwide annual turnover, which is enough to put significant pressure on international players. Beyond fines, the reputational damage from being publicly named by regulators can have lasting effects, especially in consumer-facing sectors.

For Turkish businesses, the risk is not abstract. Non-compliance could mean losing access to EU marketplaces or facing stricter checks when trying to export products.

Why This Matters for Turkish Companies

Turkish companies have strong reasons to  pay close attention to the Digital Services Act, as its implications reach far beyond the borders of the European Union. The first and most direct factor is access to the EU market, which remains Türkiye’s largest trading partner. Any failure to comply with the DSA could create barriers to that access, potentially limiting opportunities for growth and partnerships. Equally important are the expectations of investors and business partners: European investors and distributors increasingly look for reassurance that their Turkish counterparts are aligned with EU regulatory standards, and alignment with the DSA serves as a signal of credibility and reliability.

Compliance also brings the potential for a competitive edge. Companies that can demonstrate they meet the DSA’s requirements may find themselves at an advantage compared to rivals who delay preparation and face difficulties once the rules are enforced. Finally, there is the question of regulatory convergence. Turkish regulators have often taken inspiration from EU legislation when shaping domestic rules. This means that companies investing in DSA compliance today are likely to find it easier to adapt when similar obligations eventually emerge in Türkiye, positioning themselves ahead of the curve both at home and abroad.

Key Recommendations for Online Marketplaces

To minimise regulatory and reputational risks, online marketplaces should:

• Go beyond generic industry data and analyse risks specific to your platform, including the types of products offered, the profile of traders, and historical patterns of non-compliance.
• Implement robust mechanisms to detect and prevent the listing of illegal, unsafe, or non-compliant products, including regular mystery shopping exercises and automated monitoring tools.
• Ensure that all traders are properly identified and verified before being allowed to sell on the platform.
• Make it easy for users to report illegal products or content and ensure prompt and effective follow-up.
• Regularly review content moderation, recommendation, and advertising policies to ensure alignment with DSA requirements.
• Provide ongoing training for relevant teams on DSA obligations and best practices for compliance.
• Keep detailed records of risk assessments, mitigation measures, and responses to user reports, as these may be requested by regulators.

Conclusion

The DSA marks a major shift in EU regulation of online marketplaces, with implications extending well beyond Europe. For Turkish companies, understanding and complying with the DSA is more than a legal obligation, it is a strategic necessity. Since the EU is Türkiye's largest trading partner, access to this market depends on meeting the DSA’s requirements.

Compliance offers clear advantages. It ensures uninterrupted EU market access, enhances credibility with European investors and partners, and can provide a competitive edge over companies that struggle with the new rules. Additionally, as Turkish regulators often take inspiration from EU legislation, early DSA compliance positions companies to adapt more easily to future domestic regulations.

Ultimately, the DSA serves as a global benchmark for digital platform governance. Turkish businesses that embrace its requirements not only secure legal compliance but also strengthen their market position, build stakeholder trust, and prepare for the evolving regulatory landscape, making it a strategic investment for long-term resilience.

For tailored advice on your organisation’s obligations under the Digital Services Act, Consumer Protection Requirements, or for support with online marketplace compliance, please contact your CMS partner or local CMS expert: Dr. Döne Yalçın or Arcan Kemahlı.