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Exclusion of micro and small enterprises

According to Recommendation 2003/361/EC:

  • Micro enterprise: an enterprise with fewer than 10 employees and an annual turnover or annual balance sheet not exceeding EUR 2 million
  • Small enterprise: an enterprise with fewer than 50 employees and an annual turnover or annual balance sheet not exceeding EUR 10 million
  1. Exclusion from transparency requirements

Article 15 of the DSA on the publication of annual reports on content moderation does not apply to providers of intermediation services that:

  • meet the criteria for micro or small enterprises under Recommendation 2003/361/EC, and
  • are not very large online platforms within the meaning of Article 33 of the Regulation (with more than 45 million average monthly active users).
  1. Exemption for online platform providers
  • Section III of the DSA, with the exception of Article 24(3), does not apply to online platform providers that are micro or small enterprises.
  • Section 4 of the DSA, applicable to online platforms that enable consumers to conclude distance contracts with traders, also does not apply to platforms that:
    • meet the criteria for micro or small enterprises, or
    • have previously met those criteria.
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