How to bring your terms and conditions into line with the DSA

Terms and conditions must be transparent. It does not matter whether your users are consumers or businesses, natural or legal persons. Terms and conditions must be transparent for everyone.

After the user (or their digital twin - Chat GPT fans know what we mean ;-) reads the terms and conditions, it should be clear to the user:

• In what cases and how their content may be restricted

a/ On the basis of which policies, and using which procedures, measures and tools, the service provider moderates content

b/ Whether and how decision-making based on algorithms and human review takes place

• How the internal complaint-handling system works
• For what reason and how the provision of the service to the user may be restricted
• How the user can terminate the use of the service

Information must be provided in a comprehensible, clear, easily understandable, user-friendly and unambiguous manner. If the service is aimed at minors or is predominantly used by minors, the provider must explain the terms in a way that minors can understand. This can be achieved, for example, by using icons or images.

• Information must be published in an easily accessible and machine-readable format. No fine print in the bottom-left corner.
• Providers of intermediary services must inform users of every significant change to the terms and conditions.
• When applying and enforcing their terms and conditions, providers must act objectively, proportionately and with due care. They must always respect the rights and legitimate interests of the parties concerned. This also applies to the fundamental rights of users (freedom of expression or media freedom and pluralism).

So yes, providers have to play fair.

Very large online platforms and very large online search engines must publish their terms and conditions in the official languages of all EU member states where they provide their services.

In addition, they must provide users with a concise summary of the terms and conditions in clear and unambiguous wording. They should set out the main information requirements and how to easily opt out of optional provisions.

If you need to revise or simply consult on your terms and conditions, do not hesitate to contact us. We are here for you.