Applicability TestEU DSA

EU Digital Services Act Applicability Test

Classify whether a digital service is a DSA , hosting service, online platform, marketplace, online search engine, before assigning obligations.

Use the test to capture EU-recipient facts, service functions, public dissemination, marketplace transactions, and micro or small enterprise evidence.

Author
Sorena AI
Published
May 9, 2026
Updated
Oct 15, 2026
Overview

Test DSA applicability service by service. The DSA has applied generally since 17 February 2024. Ask whether the product offers an in the Union, stores user-provided information, disseminates that information to the public, lets consumers conclude distance contracts with traders, or meets the average monthly active recipient threshold for very large services. Record exclusions and Commission designation separately from the functional classification.

Section 1

Step 1: decide whether the service is a DSA intermediary service offered in the Union

Start with the specific service, not the corporate group. First decide whether it is an information society service: a service normally provided for remuneration, at a distance, by electronic means, and at the individual request of a recipient. Then test whether it performs a mere conduit, caching, or hosting function.

The DSA defines a recipient as a natural or legal person using an , including to seek information or make information accessible. A provider offers services in the Union when people in one or more Member States can use the intermediary service and the provider has a substantial connection to the Union.

Record the evidence for that connection. Establishment in the Union is one route. Other evidence can include a significant number of recipients in one or more Member States or targeting activities toward one or more Member States. Mere technical accessibility of a website from the Union is not enough on its own.

  • Name the service interface being tested, such as website, app, API, marketplace, cloud hosting service or search function.
  • Identify the EU Member States where recipients can use the service and the facts showing establishment, targeting or significant recipient volume.
  • Classify whether the service is mere conduit, caching or hosting before moving to platform-specific obligations.
  • Keep separate records for mixed products because one product can contain several services with different DSA roles.
Section 2

Step 2: classify the intermediary tier

The first classification branch is functional. A mere conduit service transmits user-provided information or provides access to a communication network. A caching service transmits user-provided information and stores it automatically, temporarily and intermediately to make onward transmission more efficient. A hosting service stores information provided by, and at the request of, a recipient.

Only after a hosting classification is plausible should the test ask whether the service is an online platform. Online platforms are hosting services that store and disseminate recipient-provided information to the public, unless public dissemination is only a minor, purely ancillary feature or a minor functionality of the main service that cannot be used independently for objective technical reasons.

  • Mere conduit evidence: the service transmits recipient-provided information in a communication network or provides access to such a network. Record Article 4 liability-exemption conditions separately from this service classification.
  • Caching evidence: automatic, intermediate and temporary storage used solely to make onward transmission more efficient.
  • Hosting evidence: user-provided information is stored at the user's request, such as cloud storage, web hosting or stored listings.
  • Online platform evidence: the service makes stored user information available to a potentially unlimited number of third parties.
  • Private-group boundary: access that depends on a human decision to admit a finite group generally differs from public dissemination; automatic registration or admission can still make information public for the DSA test.
  • Ancillary-feature evidence: explain why public dissemination is minor, inseparable from the principal service and not a way to avoid platform rules.
Section 3

Step 3: identify marketplace, advertising, recommender and moderation consequences

A marketplace classification matters because some online platforms allow consumers to conclude distance contracts with traders. The DSA text and Commission materials connect that category to trader traceability and illegal-goods controls, so the applicability record should capture seller onboarding, product or service listings, checkout flows and consumer-facing seller information.

For any online platform, the applicability test should also note whether the service presents advertisements, uses recommender systems, is accessible to minors or moderates user-provided content. These facts do not replace the service classification, but they determine which platform obligations need follow-up.

  • Marketplace evidence: traders can offer goods or services and consumers can conclude distance contracts through the platform.
  • Trader evidence: collect identity, contact and verification fields used before a seller can offer goods or services.
  • Content moderation evidence: record removals, visibility restrictions, account restrictions, demonetisation and terms-based restrictions that may require statements of reasons.
  • Advertisement evidence: identify whether ads are presented on the platform interface and what parameters are available to recipients.
  • Recommender evidence: identify automated systems that suggest, prioritise or rank information for recipients.
Section 4

Step 4: test micro or small enterprise treatment before applying platform-section duties

The DSA contains an exclusion for providers of online platforms that qualify as micro or small enterprises under Recommendation 2003/361/EC. That exclusion applies to Section 3 platform obligations except Article 24(3), and it can continue for 12 months after losing micro or small status. It does not protect a service designated as a very large online platform.

The applicability test should therefore preserve the enterprise-size analysis separately from the service classification. A service can still be an online platform even if some platform-section obligations are excluded because the provider is micro or small.

Under Recommendation 2003/361/EC, a microenterprise has fewer than 10 staff and annual turnover or an annual balance-sheet total no higher than EUR 2 million. A small enterprise has fewer than 50 staff and annual turnover or an annual balance-sheet total no higher than EUR 10 million. The Recommendation's autonomous, partner, and linked-enterprise rules can require proportionate or full aggregation of other enterprises, so a provider should not apply the headcount and financial ceilings to one legal entity in isolation without checking ownership and control.

  • Record the provider entity tested for micro or small enterprise status and whether group or consolidation facts affect that status.
  • Record whether the provider previously qualified as micro or small and, if so, when that status was lost.
  • Do not use the micro or small exclusion for a designated VLOP.
  • Keep Article 24(3) response readiness in scope because the exclusion does not remove the duty to provide active-recipient calculation information on request.
Section 5

Step 5: calculate active recipients and decide whether VLOP or VLOSE designation risk exists

For online platforms and online search engines covered by Article 24(2), the DSA requires publication of of the service in the Union, calculated over the past six months, and updated at least every six months. Article 19 can exclude qualifying micro and small online-platform providers from that publication duty, although Article 24(3) remains available for authority requests. Recipient-count information can also support very large online platform and very large online search engine designation.

Article 33 applies to online platforms and online search engines with in the Union equal to or higher than 45 million, once designated by the Commission. The Commission page explains the same threshold as more than 45 million users per month in the EU and notes that designated services have four months to comply with the DSA's very large service rules.

Does every hosting service become an online platform under the DSA?

No. A hosting service becomes an online platform only when it stores recipient-provided information and disseminates it to the public, unless that public dissemination is merely minor, purely ancillary and technically inseparable from another principal service.

What is the key DSA threshold for review?

The cited threshold is 45 million of the service in the Union for an online platform or online search engine, followed by Commission designation as a .

What evidence should a DSA applicability test save?

Save the tested service interface, EU-recipient facts, intermediary tier, public-dissemination analysis, marketplace and search-engine facts, micro or small enterprise evidence, AMAR calculation method, source citations and the resulting obligation map.

  • Calculate (AMAR) separately for each online platform or online search engine service, not only for the provider as a whole.
  • Use EU recipients, not global users, registered accounts or raw traffic unless those measures are reconciled to active recipients.
  • Count recipients who engage with the platform by requesting hosting or being exposed to hosted information; for search, count recipients who submit a query and are exposed to indexed results.
  • Document deduplication across websites, apps, URLs or domain names where possible, and document any bot or scraper exclusions that do not require additional tracking of individuals.
  • Escalate for review at or near 45 million in the Union or when the Commission, a Digital Services Coordinator or public data indicates threshold risk.
Primary sources

References and citations

eur-lex.europa.eu6 citations
Referenced sections
  • Primary legal source for DSA definitions, service tiers, micro and small enterprise exclusions, AMAR publication, marketplace treatment and VLOP/VLOSE designation.
  • Article 3 defines recipient of the service, offering services in the Union, substantial connection and intermediary-service categories.
  • Articles 3 to 6 and recitals 13-14 define intermediary, hosting, online-platform, and public-dissemination concepts and the liability categories for mere conduit, caching, and hosting.
Show 3 more
  • Article 3 defines online platforms, distance contracts, advertisements, recommender systems and content moderation for classification evidence.
  • Article 19 sets the micro and small enterprise exclusion for online platform Section 3 obligations and the VLOP carve-out.
  • Articles 24 and 33 set publication, calculation, information-request and designation rules for average monthly active recipients and very large services.
"Single Market For Digital Services"
More quoted passages
"intermediary service means one of the following information society services"
"stores and disseminates information to the public"
"online platforms allowing consumers to conclude distance contracts with traders"
"Exclusion for micro and small enterprises"
"equal to or higher than 45 million"
digital-strategy.ec.europa.eu3 citations
Referenced sections
  • Commission FAQ distinguishing hosting services from online platforms and explaining statement-of-reasons submissions by online platforms.
  • Commission FAQ distinguishes hosting services from online platforms and gives examples such as cloud services, webhosting, marketplaces, app stores and social networks.
  • Commission FAQ explains that hosting services must provide statements of reasons for certain moderation restrictions and online platforms submit them to the database.
"What is a hosting service? What is an online platform?"
More quoted passages
"Online platforms, such as online marketplaces, app stores, or social networks"
"Article 17 of the Digital Services Act"
digital-strategy.ec.europa.eu3 citations
Referenced sections
  • Commission overview for covered providers, proportionality by role, size and impact, micro and small company treatment and supervisory roles.
  • Commission overview explains that online services operating in the EU must comply with the DSA through a proportionate role, size and impact approach.
  • Commission overview describes the DSA as proportionate, with lighter requirements for micro and small companies and more responsibilities for bigger platforms.
"Which providers are covered?"
More quoted passages
"All online services operating in the European Union are required to comply with the DSA."
"Micro and small companies have lighter requirements"
digital-strategy.ec.europa.eu2 citations
Referenced sections
  • Commission guidance for identifying and counting active recipients when publishing user numbers and assessing VLOP/VLOSE threshold risk.
  • Commission guidance addresses identification and counting of active recipients for Article 24(2), Article 33 and VLOP/VLOSE designation preparation.
"Guidance on the requirement to publish user numbers"
More quoted passages
"average monthly active recipients of the service in the Union"
digital-strategy.ec.europa.eu2 citations
Referenced sections
  • Commission explanation of the 45 million EU monthly user threshold, designation process and enhanced duties for VLOPs and VLOSEs.
  • Commission page states the 45 million EU monthly user threshold and explains designation effects and enhanced VLOP/VLOSE obligations.
"Very large online platforms and search engines"
More quoted passages
"more than 45 million users per month in the EU"
digital-strategy.ec.europa.eu2 citations
Referenced sections
  • Commission page explaining platform, advertising, recommender, moderation and online marketplace consequences under the DSA.
  • Commission page explains marketplace traceability duties, content moderation transparency, ad transparency and recommender controls as visible DSA consequences.
"The impact of the Digital Services Act on digital platforms"
More quoted passages
"Obligations on traceability of business users in online marketplaces"
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