In short. DSA Article 31 requires covered marketplaces to enable mandatory trader and product information, assess its provision before offers and perform random checks.
Definition: As of October 2026, compliance by design under Article 31 of the EU Digital Services Act (DSA) requires covered marketplaces to structure their interfaces so traders can supply mandatory information before a contract, product identification, trader branding and applicable safety and compliance information. The marketplace must also make best efforts to assess whether traders supply the required information before allowing offers.
Key facts
- The DSA's Article 31(1) and (2) requires interfaces to support identification of products or services, trader identification signs and applicable labelling and marking information.
- The General Product Safety Regulation (GPSR), Article 22(9), specifies manufacturer details, relevant responsible-person details, product identifiers and safety information for product listings within its scope.
- The Consumer Rights Directive, Article 6(1)(e), includes the tax-inclusive total price, or its calculation method, and applicable additional delivery charges among the information required before a covered distance contract.
Which marketplaces fall within Article 31?
The DSA, Article 31, addresses online platforms allowing consumers to conclude distance contracts with traders. Under Article 3(f), a trader is a person or legal entity acting for purposes relating to a trade, business, craft or profession.
Article 29 exempts providers qualifying as micro or small enterprises under the referenced EU recommendation. It also provides an exemption during the 12 months following loss of that status, subject to its conditions. Platforms designated as very large online platforms remain subject to this section regardless of enterprise size.
What must the trader interface accommodate?
The DSA, Article 31(1), requires a design that enables compliance with applicable EU obligations on information supplied before a contract, product compliance and product safety. The interface must accommodate the relevant business operator's name, address, telephone number and email address under the EU laws referenced there.
Article 31(2) requires information sufficient to identify clearly and unambiguously the products or services promoted or offered to EU consumers. It also covers a sign identifying the trader, such as a trademark, symbol or logo. Where applicable, traders must be able to supply information on labelling and marking required by EU product safety and compliance rules.
The Consumer Rights Directive, Article 6(1)(a) and (e), supplies concrete examples of information required before covered distance contracts: the main characteristics of goods or services and the total price inclusive of taxes. Where the price cannot reasonably be calculated in advance, the trader provides the calculation method.
What product safety details belong on a listing?
The GPSR, Article 22(9), expressly connects its interface requirements to DSA Article 31(1) and (2). For each covered product, traders must be able to provide the manufacturer's name or registered trade name or trademark, plus postal and electronic contact addresses.
Where the manufacturer is outside the EU, the information also covers the name and postal and electronic addresses of the responsible person required under the product rules referenced in that provision. Product identification includes a picture, product type and other identifiers. Required warnings or safety information must use a language easily understood by consumers, as determined by the Member State where the product is made available.
The marketplace must ensure this information is displayed or otherwise easily accessible to consumers on the product listing.
What checks accompany the interface requirements?
Under the DSA, Article 31(3), the provider makes best efforts to assess whether traders provide the information required by paragraphs 1 and 2 before permitting offers. Afterward, it makes reasonable efforts to check randomly whether offered products or services appear as illegal in official, freely accessible, machine-readable online databases or interfaces.
For product safety, the GPSR, Article 22(7), requires marketplaces to use at least the Safety Gate Portal for compliance with DSA Article 31(3).
Related terms
FAQ
Does Article 31 also cover services?
Yes. The DSA, Article 31(2)(a) and (3), expressly refers to products or services for identification requirements and subsequent random checks.
Can a marketplace keep the GPSR details only in its trader dashboard?
For covered listings, the GPSR, Article 22(9), requires the specified information to be displayed or otherwise easily accessible to consumers on the product listing.
Sources
- European Parliament and Council, "Digital Services Act, Regulation (EU) 2022/2065", 19 October 2022
- European Parliament and Council, "General Product Safety Regulation (EU) 2023/988", 10 May 2023
- European Parliament and Council, "Consumer Rights Directive 2011/83/EU", 25 October 2011
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