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Not automatically. The Digital Services Act (DSA) does not regulate every website merely because it is small or available online. It applies to intermediary services offered to people or organisations in the European Union, and the obligations depend on what the service actually does. A site that only publishes its operator’s own articles is treated differently from one that stores comments, hosts customer pages, runs a marketplace or publicly distributes user posts.
What the Digital Services Act covers
The DSA is a European Union regulation for intermediary services. Article 2(1) states: “This Regulation shall apply to intermediary services offered to recipients of the service that have their place of establishment or are located in the Union, irrespective of where the providers of those intermediary services have their place of establishment.” In practical terms, an operator outside the EU can still be covered when it offers a qualifying service to EU recipients.
The word service is important. The regulation is not a blanket rule for every webpage, brochure site or blog. The European Commission describes covered services as including hosting providers, online marketplaces, social networks, content-sharing services, app stores and travel or accommodation platforms. A single domain can contain several functions, so classification should be done feature by feature rather than by assigning one label to the whole website.
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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallThe DSA also uses the provider’s role, the source of the information and the way that information is made available. A publisher may have ordinary editorial pages plus a separate comment area, member directory or classified-ad section. The editorial pages may not be an intermediary service, while the interactive feature could be hosting or an online platform.
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Classify the function before deciding which duties apply
The regulation defines categories according to technical operation. Those categories can change as a service adds features, so a classification made at launch should be revisited after a major redesign.
| Category | What the service does | Typical small-site example |
|---|---|---|
| Mere conduit | Transmits information supplied by a recipient or provides access to a communications network. | A service that carries a user’s communication without selecting or publishing the content. |
| Caching | Automatically and temporarily stores information to make onward transmission more efficient. | An intermediary cache serving copies of information while it is being requested again. |
| Hosting | Stores information provided by, and at the request of, a recipient of the service. | A site storing customer pages, uploaded images, job listings or user comments. |
| Online platform | A hosting service that also stores and disseminates recipient-supplied information to the public, except where the public-facing feature is only minor and ancillary and cannot objectively and technically operate independently. | A public forum, user-content community, classified-ad service or marketplace. |
An online platform is therefore a subset of hosting, not a synonym for any site with a login. Private storage for a fixed group is different from public dissemination. Conversely, calling a public user-content feature a “comment box” does not by itself avoid the platform definition.
Editorial pages and comments
The DSA’s recitals use an online newspaper as an illustration: a comments area that is minor and ancillary to the newspaper’s editorial publication may not be treated in the same way as a social network whose core service is storing and displaying users’ comments. This is an example, not a universal exemption for newspapers, blogs or small publishers. Ask whether the feature can objectively and technically operate independently and whether it is central to the service. If the answer changes after a redesign, the legal analysis can change too.
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The operator of a user-facing website and the company supplying cloud or web-hosting infrastructure are different actors. The DSA explains that cloud computing and web-hosting services used as underlying infrastructure are not, merely for that reason, considered to disseminate the stored information to the public. A site owner does not automatically inherit every obligation that applies to its infrastructure supplier, and the infrastructure supplier is not automatically the online-platform provider for every application it hosts.
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The relevant question is who provides the service to the recipient and controls the user-facing functionality. A company running a public upload service may be a hosting provider or platform even when its servers are rented from another business. The rented infrastructure itself does not become a public disseminator simply because the application uses it.
Does being a micro or small enterprise create an exemption?
No. “Small website” is a colloquial description, not a DSA legal category. Micro and small enterprise status narrows some obligations, particularly selected online-platform duties, but it does not erase baseline coverage or turn a covered service into a non-covered one.
The enterprise definition comes from Commission Recommendation 2003/361/EC. Determining status can require the figures and ownership details of linked or partner enterprises, not just the headcount or turnover of the particular website project. An informal statement such as “we are a small team” is not enough to establish the statutory status.
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The relief is targeted. The relevant online-platform section generally does not apply to micro and small platform providers, but the Act preserves specified reporting requirements and does not allow a provider designated as a very large online platform to rely on the small-provider carve-out. Separate provisions address transparency reporting for content moderation and specified trader-traceability duties for marketplaces. Each exemption has its own wording and exceptions; there is no single “small business” switch that disables the DSA.
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| Question | Why it matters |
|---|---|
| Is the provider a micro or small enterprise under Recommendation 2003/361/EC? | It may qualify for targeted exemptions, subject to the exact provision and any linked-enterprise analysis. |
| Is the service an online platform? | Platform-specific duties may be relevant, while some are narrowed for eligible micro and small providers. |
| Is it a marketplace? | Trader-identification and related transparency rules can apply, with a specific small-provider treatment and exceptions. |
| Has it been designated very large? | A very large platform cannot use the ordinary micro/small carve-out for the affected obligations. |
A practical classification checklist
Use this sequence for each interactive feature, not just for the home page:
- Identify the audience. Is the service offered to recipients whose place of establishment or location is in the EU? The provider’s own country does not decide this by itself.
- Identify the information source. Does the operator create and publish the material, or does a recipient supply it at the recipient’s request?
- Identify the technical action. Does the service transmit information, cache it temporarily, store it, or store and publicly disseminate it?
- Separate public from restricted access. Is the information shown to the general public, or only to a fixed account holder, private group or contracted customer?
- Test the feature’s importance. If information is public, can that feature objectively and technically function independently, or is it genuinely minor and ancillary to another service?
- Identify the provider. Is your organisation supplying the recipient-facing service, or only publishing on infrastructure supplied by another company?
- Check enterprise status. Apply the statutory micro/small test, including relevant partner and linked enterprises, rather than relying on a marketing description.
- Map the exact duties. For the resulting category, check which contact-point, order-compliance, notice-and-action, terms, transparency, marketplace or other provisions apply and whether a written exemption covers that duty.
This is an orientation checklist, not a legal determination. A service with several models—such as a publisher that also hosts member pages and sells third-party listings—should document the analysis for each model.
What obligations might a small covered service face?
There is no universal package that applies to every site. The Commission describes a proportionate framework in which requirements vary by role, size and impact. Depending on the category, a provider may need to maintain a contact point for authorities or recipients, comply with binding orders, operate a notice-and-action process for reporting potentially illegal content, explain relevant restrictions in its terms, or publish prescribed transparency information.
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A small site should therefore make a provision-by-provision list. For example, a site that only posts its own articles may not have the recipient-supplied storage that triggers hosting duties. A site that stores public user reviews may need to examine hosting or platform rules. A marketplace that lets businesses offer goods or services has a different analysis because trader information and consumer-facing transparency can become relevant.
Enforcement and who supervises the provider
Enforcement is distributed. National Digital Services Coordinators generally supervise providers in their territory and can request information, order inspections and impose fines within the enforcement framework. The European Commission has exclusive competence for the enhanced systemic-risk obligations that apply to very large online platforms and very large online search engines.
That division does not mean a small provider is outside supervision. It means the authority and the set of obligations depend on the service and the provider’s designation. Keep records showing how the service was classified, which exemptions were considered, and how user-content processes operate. Those records make it easier to respond accurately if a coordinator asks questions.
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Worked examples for common small websites
Portfolio or brochure site
A site containing the operator’s own text, images and contact details, with no recipient upload or public posting function, is not automatically an intermediary service merely because EU visitors can view it. Its ordinary publication pages should not be labelled a platform without a qualifying intermediary function.
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Blog with reader comments
Comments are information supplied by recipients and stored by the service. Determine whether the comments are a minor and ancillary feature of the editorial publication or a substantial public discussion function that can operate independently. The label “blog” does not settle the question.
Community or forum
A service whose purpose is to store and publicly display member posts is much closer to the online-platform definition. The operator should examine platform duties, then check whether it qualifies as a micro or small enterprise for the specific exemptions. Small status may reduce selected burdens but does not remove the underlying category.
Customer website builder
If the business stores pages supplied by customers at the customers’ request, it may be providing hosting. The cloud company supplying servers is a separate infrastructure actor; the builder’s own recipient-facing storage and publication features are what need to be assessed.
Classifieds or marketplace
Public listings supplied by sellers can make the service an online platform, while transactions involving business traders raise marketplace-specific questions. Examine who supplies each listing, who makes it public, and which trader-transparency provisions and small-provider exceptions apply.
Common mistakes to avoid
- “We are small, so the DSA does not apply.” Size affects selected duties; it is not a blanket exemption.
- “Our domain is just a website.” Classification follows functions such as storage and public dissemination, not the domain name or design.
- “Our host is responsible for everything.” Infrastructure hosting and the recipient-facing service are distinct roles.
- “Any comments feature is automatically a platform.” A minor, ancillary comments feature may be treated differently, but that conclusion requires a case-by-case technical and functional assessment.
- “The Commission’s very-large threshold is the ordinary applicability threshold.” The 45 million average monthly-user figure (10% of the EU population) is used for the very-large-platform and very-large-search-engine context; it is not the threshold for ordinary DSA coverage.
How to proceed if your site is borderline
Write a short inventory of every feature that receives, stores, transmits or publicly displays information supplied by users. For each feature, record the intended recipients, access settings, moderation and reporting workflow, and the entity that operates it. Then map that inventory to the DSA definitions and the exact exemption language rather than relying on a generic “small website” conclusion.
For a service offered to EU recipients—especially one hosting public posts, operating a marketplace or combining several service models—consult the regulation and the relevant national Digital Services Coordinator. Qualified EU counsel can confirm the enterprise-size calculation and the provisions that apply to the particular design. Reassess the analysis when the site adds public uploads, recommendations, advertising, seller tools or other functionality that changes how information is stored or disseminated.
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