The EU Digital Services Act (DSA) in 2025: Redefining CBD Marketplace Compliance
The landscape for CBD e-commerce in the European Union is being transformed by the enforcement of the EU Digital Services Act (DSA), which came fully into effect in February 2024 and now steers business practices as we move through 2025. For online CBD retailers, platforms, importers, and investors, the DSA’s requirements mean a new era of accountability, transparency, and coordinated regulation—especially as the Act intersects with novel food authorizations, cosmetics compliance, and proposed customs reforms.
Understanding the Scope: DSA’s Reach Over Online Marketplaces
The DSA governs all online intermediary services operating in the EU, from small webshops to Very Large Online Platforms (VLOPs)—defined as platforms with over 45 million EU users. Notably, every type of marketplace, regardless of geographic origin, must comply when selling to EU consumers (European Commission DSA overview).
The DSA’s core objectives are:
- Ensuring consumer safety and protection online
- Holding platforms liable for illegal and unsafe product listings
- Creating transparent and rapid response procedures for illegal content
In practical terms for CBD, this means platforms can no longer act as passive intermediaries: they are now co-responsible for what’s sold or promoted—and face steep penalties for non-compliance.
Marketplace Liability for CBD: What Changes Under the DSA?
Stringent Trader Verification (KYC/KYB)
Since 2024, online marketplaces must rigorously verify the identity and legitimacy of CBD sellers before allowing products to be listed. This goes beyond a simple email check:
- Name, address, and ID verification of the seller
- Company registration, VAT, and economic operator details
- Proof of compliance with sector-specific rules (e.g., CBD cosmetics or novel food documentation)
- Ongoing monitoring and annual compliance attestations (Moody’s DSA KYB guidelines)
Platforms that fail to vet traders—especially in high-risk sectors like CBD—face liability for the distribution of non-compliant or illegal goods.
Trusted Flaggers and Advanced Notice-and-Action
The DSA formalizes the role of trusted flaggers: vetted organizations empowered to swiftly report illegal listings. Platforms must prioritize reports from these actors and enact timely notice-and-action protocols:
- Clear mechanisms for any user or authority to flag illegal CBD products (e.g., unapproved ingestibles, cosmetics without CPNP registration)
- Swift takedown—often within 24-48 hours—for listings flagged as illegal
- Documentation and transparency of all takedown actions, with a right of appeal for affected traders (Policy Review Article 22)
High-profile enforcement actions in 2025 have targeted CBD products promoted with unauthorized health claims or those lacking approved Certificates of Analysis (COAs).
Product Traceability and Documentation (COA, Supply Chain)
Marketplaces must ensure the provenance of all CBD goods. Key compliance documents include:
- Up-to-date Certificates of Analysis (COA) from accredited labs
- Full traceability of supply chain, batch/lot numbers, and import documentation
- For cosmetics: INCI/CPNP registration and full ingredient listings
- For ingestibles: proof of novel food authorization or equivalent documentation
Incomplete or forged documentation now triggers not only product removal but also potential platform-level penalties.
Content Moderation Rules: Health Claims, Novel Foods, and Cosmetics
Ingestibles and Novel Food Authorization
The DSA draws a clear line under EU novel food law: CBD edibles or supplements lacking valid novel food registration are considered illegal content. Platforms must:
- Pre-screen product listings for ingestible CBD
- Require paperwork proving authorization under the EU Novel Food Catalogue
- Institute rapid removal and notification procedures for unauthorized products
Cosmetics Compliance: INCI/CPNP
Topicals and skincare fall under strict cosmetic rules. Marketplaces must check for:
- Proper INCI ingredient listings
- Valid Cosmetic Product Notification Portal (CPNP) registration
- Packaging and labeling compliance for allergens, batch codes, and warnings
Health Claims and Advertising
New transparency and ad repository rules mean:
- Explicit bans on unsubstantiated health, disease cure, or therapeutic claims
- Disclosure of paid endorsements or promoted listings involving CBD
- User controls for targeted ads relating to sensitive products (Landmark Global DSA insights)
Notice-and-Action SOP: Best Practices for CBD Marketplaces
With stepped-up oversight, every CBD seller and platform should have a clear Standard Operating Procedure (SOP) for notice-and-action, including:
- User Flagging: Prominently display reporting tools for illegal content.
- Internal Assessment: Dedicated compliance teams to review flagged products within strict timeframes.
- Takedown/Disablement: Swiftly remove listings when there’s clear evidence of illegality.
- Transparency: Provide concise feedback to both the flagger and the trader.
- Recordkeeping: Document every action, reason, and outcome for audit purposes.
- Appeal Rights: Facilitate structured dispute resolution for traders.
The GPSR and Customs Liabilities in 2025
CBD marketplaces are now squarely in the crosshairs of the General Product Safety Regulation (GPSR) and new customs proposals:
- Platforms share liability for unsafe or misbranded goods (RPC Customs Reform Summary).
- Customs reform proposals will require platforms to collect and remit VAT/duties and provide pre-arrival product data to customs authorities.
- Duties, tax reporting, and product safety documentation must be integrated with platform onboarding and ongoing monitoring.
Failure to comply may result in goods being seized or platforms being fined up to 6% of their annual turnover.
Takeaways for Cannabis Businesses and Compliance Teams
- Rigorous KYC and documentation are mandatory. Platforms may ban or block non-compliant sellers, raising the bar for onboarding.
- COA and full traceability are not optional. Be ready to provide all required documents on request.
- Notice-and-action and trusted flagger complaints are now routine—respond rapidly to avoid persistent enforcement attention.
- Health claims will be flagged and removed, and platforms face ad transparency rules.
- Cosmetics and ingestibles face parallel regulation from EU Novel Food and CPNP systems, beyond the DSA’s tech framework.
- Prepare for customs and tax liability shifts. Marketplaces and their sellers must collaborate on compliance for all imported CBD goods.
Further Resources
Staying ahead of regulatory change is now paramount for CBD businesses trading in or into the EU. For tailored support and regulatory intelligence, visit CannabisRegulations.ai and equip your business for Europe’s compliance-driven CBD market in 2025.
