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Platform liability check

Assess the DSA, moderation and liability risks of your platform

This interactive check helps platform operators, marketplaces, communities, review portals, SaaS offerings with user content and digital services with an initial assessment of platform liability, notice-and-action, moderation decisions, marketplace duties, reputational risks and DSA compliance. The result shows where the liability risks for your platform are greatest, so you can review your platform's DSA risks early.

Start check

DSA Notice-and-action Moderation Marketplace duties Reputation

What the check is for

The check structures typical platform cases: illegal content, counterfeit products, reviews, suspensions, complaint processes, trader traceability, automated moderation, protection of minors and acute escalations by authorities, courts or cease-and-desist letters.

  • Preliminary assessment of the service role and risk level.
  • Prioritised review points for DSA, content, marketplace and litigation risks.
  • Copyable short overview for an inquiry to ITMR.

Interactive orientation

DSA liability gate: where does pressure to act arise?

The display condenses your answers into five review zones while you complete the questionnaire. The fuller a zone, the more it should be prioritised legally.

Review logic

Typical review sequence for platform liability

1

Determine the service role

Distinguish between intermediary service, hosting service, online platform, online marketplace and editorial offering.

2

Secure the trigger

Document the notice, URL, content, product listing, user account, decision, deadline and previous communication.

3

Review process duties

Compare point of contact, notice channel, statement of reasons, complaints, transparency report, trusted flagger and misuse processes.

4

Delimit marketplace risks

For business sellers, also include trader traceability, product safety, fakes, GPSR and consumer information.

5

Prioritise the response

For deadlines, authorities, courts, press or repeat cases, coordinate evidence preservation, response strategy and communication.

Assessment

What this check does

The platform liability check does not replace a legal review of the individual case. It does, however, help to record the most important risk signals in an orderly way and to prepare typical follow-up reviews.

Which platforms are typically affected?

Affected may be hosting services, online platforms, marketplaces, communities, review portals, social features, SaaS offerings with uploads, creator offerings and services where users provide content, profiles, listings, reviews or products.

Which DSA duties may be relevant?

Depending on the role, points of contact, terms transparency on moderation, notice-and-action, statements of reasons for moderation decisions, internal complaint handling, transparency reports, trusted flagger processes, measures against misuse, advertising and ranking transparency and marketplace duties may apply. The DSA has applied generally since 17 February 2024.

Why are marketplaces particularly critical?

In addition to DSA duties, online marketplaces may face further risks from product safety, consumer law, product information, fake listings, trader identity and recall processes. Since 13 December 2024, the GPSR for consumer products and online marketplaces has also been an important review point.

Where are the limits of the check?

Actual liability depends on the service role, the specific content, knowledge, response, platform architecture, user communication, country, deadlines and evidence. The check therefore only provides a structured initial orientation.

Interactive questionnaire

Assess your platform case step by step

Answer the following questions. At the end you receive a preliminary risk level, priority, reasons, review points, a list of documents and a copyable short overview.

1 of 5 steps
1. What kind of service do you operate?
2. What is the specific occasion?
3. How public and scaled is the service?
4. Which processes are already in place?

Please select everything that is already reliably implemented and documented.

5. Which risk signals are present?

Please select everything that applies.

Risk and action matrix

Typical platform risks and first review points

TopicTypical riskFirst review pointPriority
DSA role analysisDuties are classified incorrectly or too late.Clarify the service role, hosting function, platform function, marketplace relevance and EU reach.Notice-and-action
Notice-and-actionNotices of illegal content are handled without structure or documentation.Review the notice form, review workflow, responsibility, statement of reasons and takedown log.High
Moderation decisionsRemoval, suspension or restriction is not justified, not proportionate or not verifiable.Align the terms rule, statement of reasons, user communication and complaint process.High
Online marketplaceSellers, fake listings, counterfeit or unsafe products trigger additional duties.Review trader traceability, product information, GPSR process, blocking logic and recall responsibility.Very high
Reputation and reviewsUnlawful reviews or public conflicts escalate in communication and in proceedings.Review factual claims, value judgements, evidence, platform notice, injunction strategy and PR line.High where visible
Automated moderationFaulty filters, scoring or AI decisions lead to transparency, data protection or discrimination risks.Review logic, human oversight, error correction, complaint channel, data protection and AI Act interfaces.Elevated to high

Sensible next steps

Related ITMR checkers and follow-up reviews

E-commerce warning letter risk checkChecks checkout, reviews, product information, cancellation button and typical warning letter triggers. Review and reputational damage checkHelps with negative reviews, factual claims, reputation cases and removal strategies. Press and communications checkClassifies public communication, counterstatements, crisis response and media risks. Data breach risk checkRelevant when platform incidents also affect personal data, logs, accounts or reporting deadlines. Image rights, AI image and asset checkChecks chains of rights, product images, UGC, AI outputs and content takedown risks. Document dossier builderStructures documents, screenshots, deadlines, evidence and communication history for your inquiry.

Have your platform case assessed legally

If deadlines are running, content is escalating publicly, a moderation decision is being challenged or marketplace duties are unclear, the legal assessment should take place early. Send ITMR the most specific URLs, screenshots, notices, decisions, deadlines and previous communication possible.

Send inquiry to ITMR

Note: This checker provides a structured initial orientation and does not replace legal advice. The specific assessment depends on the individual case, the service role, the infringement, the evidence, the response, the deadlines and the platform architecture. How we support platforms with duties and liability questions is explained under Implementing the DSA and in the area of Social media law.