Regulatory and compliance · In-house counsel, platform compliance lead, technology counsel
Map Digital Services Act duties for an online marketplace
A marketplace operating across the EU has grown past the point where its original terms and processes fit its obligations. The run maps the duties that apply to it and matches each one against what the platform currently does.
- First draft
- An obligation map with the current gaps comes back from one run, ahead of the compliance committee.
The problem
Step 01 of 05
Open an EU matter
Jurisdiction is set to the EU, and the platform's terms, its notice and takedown process document and its trader onboarding flow are uploaded.
Project Halcyon: SPA warranties and disclosure
Buy-side warranty review, disclosure analysis and cited due-diligence grid.
- Client
- Halcyon Bidco Ltd
- Reference
- WC-2026-0412
- Practice area
- Corporate / M&A
- Jurisdiction
- England and Wales
- Responsible partner
- E. Vance
No conflict check on file.Chat, on this matter
Compare warranties with the disclosure letter.
Three high-priority exceptions require action: the unregistered charge, the change-of-control right and the tribunal claim.
Send a message… (@ to mention tools)BalancedPrepare for- 25 Aug
Disclosure exceptions matrix
Chat
- 21 Aug
Disclosure exceptions matrix
Run · completed · 560 credits
- 18 Aug
Project Halcyon: Disclosure Letter
Document · indexed
- 16 Aug
Project Halcyon: Share Purchase Agreement
Document · indexed
- 4 Aug
Matter opened
Opened
Step 02 of 05
Run the obligation map
Prepare for: Work-Stream Memo, Deliver as: spreadsheet. Each obligation is stated with the article behind it and matched to the platform process that would satisfy it.
Agent
Jurisdiction
Prepare for
Deliver as
Instruction
What should the agent look for?Documents
Drop a contract, or pick one from the matter
Also on the matter
- Offer_letter_v3.pdf2 pages
- Staff_handbook_2025.docx61 pages
- Board_minute_14_Aug.pdf3 pages
Platform model · zero data retention · audit register onStep 03 of 05
Read the traceability gap
Trader information is collected at onboarding but not verified or re-checked, and the platform has no process for suspending a trader who supplies unreliable information.
6 items need your confirmation14 authorities · Where we lookedSenior Associate Employment Contract: English Law Review
Summary
- 1.
Clause 9(c), non-competeHigh
The 12-month prohibition on working for any law firm anywhere in the UK, Ireland or EU, in any capacity, is almost certainly wider than reasonably necessary and therefore unlikely to be enforceable.
Tillman v Egon Zehnder Ltd [2019] UKSC 32 - 2.
Clause 11, data and monitoringHigh
Blanket contractual consent is not an adequate basis for general employment processing, special-category data or unrestricted monitoring.
UK GDPR, Arts 6 and 9 - 3.
Clause 4, holiday carry-overHigh
The unconditional five-day cap conflicts with mandatory carry-over rights where sickness, statutory leave or employer failure prevents leave being taken.
Working Time Regulations 1998, regs 13 to 13A
- 1.
Step 04 of 05
Check the notice handling flow
Notices are actioned but the statement of reasons given to the affected user does not contain everything required, and no internal complaint route exists.
6 items need your confirmation14 authorities · Where we lookedSenior Associate Employment Contract: English Law Review
Summary
- 1.
Clause 9(c), non-competeHigh
The 12-month prohibition on working for any law firm anywhere in the UK, Ireland or EU, in any capacity, is almost certainly wider than reasonably necessary and therefore unlikely to be enforceable.
Tillman v Egon Zehnder Ltd [2019] UKSC 32 - 2.
Clause 11, data and monitoringHigh
Blanket contractual consent is not an adequate basis for general employment processing, special-category data or unrestricted monitoring.
UK GDPR, Arts 6 and 9 - 3.
Clause 4, holiday carry-overHigh
The unconditional five-day cap conflicts with mandatory carry-over rights where sickness, statutory leave or employer failure prevents leave being taken.
Working Time Regulations 1998, regs 13 to 13A
- 1.
Step 05 of 05
Keep watching the source
A watch is set on the relevant regulator so implementing guidance appears in the register with a materiality band, a date and an owner.
Development Materiality Published Deadline Scanning…
What comes back
A document, not a transcript.
- An obligation map with the article behind each duty and the platform process matched to it.
- The trader traceability gap set out as a process change rather than a legal opinion.
- The missing elements of the statement of reasons and the absence of an internal complaint route.
- A watch on the source so implementing guidance arrives banded, dated and owned.
Authorities it checks
- Regulation (EU) 2022/2065, art 16
- Regulation (EU) 2022/2065, art 17
- Regulation (EU) 2022/2065, art 30
What it does not do
- It does not build the trader verification flow or change any platform process.
- It does not confirm which member state authority is competent for this platform; that is named as an open question.
- It does not file reports or correspond with any regulator.