Source: European Parliament
Providers of intermediary services offering ride-hailing or home delivery services fall under scope of the Digital Services Act (DSA)[1].
As such, their obligations under the DSA include providing a single point of contact to enable users to communicate directly and rapidly with them, pursuant to Article 12 of the DSA.
Moreover, this point of contact must be reachable by electronic means and in a user-friendly manner, including by allowing recipients of the service to choose the means of communication, which shall not solely rely on automated tools.
Moreover, the DSA provides for additional measures against misuse, including a notice and action mechanism (Article 16 of the DSA), and other tools to limit the use of the intermediary service by malicious recipients (such as drivers or deliverers) who act incompatible with the terms and conditions concerned or provide manifestly illegal content (Articles 14 and 23 of the DSA).
Furthermore, recipients of services in the EU have the right to lodge a complaint against providers of intermediary services where they suspect that an infringement of the DSA has taken place, pursuant to Article 53 of the DSA[2].
The DSA also obliges providers of online platforms to provide an effective internal complaint-handling mechanism (Article 20 of the DSA).
In addition, sellers of goods and providers of services who conclude distance contracts with consumers, including via online platforms, must provide their contact details, including their telephone number, under Article 6 of the Consumer Rights Directive (CRD)[3].
Under Articles 18 and 20 of the CRD, the seller is liable for timely delivery of the goods and bears the risk of loss or damage to the goods attributable to a carrier that the seller has offered to the consumer.
- [1] Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act), OJ L 277, 27.10.2022, p. 1 — 102.
- [2] According to Article 53 of the DSA, recipients of the service have the right to lodge a complaint before the Digital Services Coordinator of the Member State where the recipient is located or established. A list of all national Digital Services Coordinators is available on the Commission’s website (see https://digital-strategy.ec.europa.eu/en/policies/dsa-dscs).
- [3] Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, OJ L 304, 22.11.2011, p. 64-88. The competent national authorities and courts are responsible for the enforcement of EU consumer legislation regarding specific traders and infringements.