Compliance with the EU Digital Services Act

This article addresses the mandatory checkbox in the final step before a new Activity can be ‘Saved and Published’. All traders/suppliers who intend to proceed with Activity Creation must select this checkbox.

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What is the checkbox for?

There has been a pivotal development in our regulatory landscape – the introduction of the Digital Services Act (“DSA”). The DSA obliges us, GetYourGuide, to ensure that traders (that’s you) can only use our platform to market to European Union consumers if you comply with the European Union Law, and if we have obtained your name, address, telephone number and email address (Digital Services Act: Art. 30 (7), Art 30 (1) (a), (d) and (e))

What do I have to do?

You are required to self-certify that you agree to only offer services that comply with the applicable rules of European Union law. This means confirming the checkbox above before proceeding with creating your activity.

The European Union law rules are as follows:

  1. Consumer Protection Laws
    • The Package Travel and Linked Travel Arrangements Directive, which applies to combined travel services.
    • The Consumer Rights Directive, which includes provisions on pre-contractual information and the right of withdrawal.
  2. Liability and Insurance Laws
    • Regulations concerning liability for accidents and incidents involving participants during tours or activities.
  3. Accessibility Laws
    • The European Accessibility Act, which aims to improve the functioning of the internal market for accessible products and services by removing barriers created by divergent rules.
  4. Data Protection and Privacy Laws
    • The General Data Protection Regulation (GDPR), which governs the processing of personal data.
  5. Environmental Laws
    • The Environmental Impact Assessment Directive, if relevant to larger-scale events or activities that could significantly affect the environment.
  6. Cultural Heritage Laws
    • EU and national regulations on the protection of cultural heritage and artifacts.
  7. Taxation Laws
    • VAT rules, as they apply to the provision of services in the tourism sector.
  8. Licensing and Local Regulations
    • National and local regulations, which may include specific rules for tour guides, transportation services, and access to certain locations or attractions.
  9. Unfair Commercial Practices Directive (UCPD)

More information about this specific requirement can be found here

Article 30, Section 1 and 7 Digital Services Act

  • Providers of online platforms allowing consumers to conclude distance contracts with traders shall ensure that traders can only use those online platforms to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of their services for those purposes, they have obtained the following information, where applicable to the trader:

(e)

a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law.

Questions?

If you have any questions, please get in touch via our contact form.

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