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On February 17, 2024, the Digital Services Act (DSA) came into force for all online platforms in the European Union, including very large platforms like Google. For European e-commerce merchants facing a Google Merchant Center suspension, this regulation represents a fundamental shift in the balance of power — and a concrete lever to force Google to reconsider decisions that appeared irreversible.
This guide explains precisely what the DSA changes for you, which articles to invoke, and how to use this legal framework in your GMC account recovery strategy.
The Digital Services Act (DSA), or Regulation (EU) 2022/2065, is a European regulation that imposes new obligations on digital platforms operating in the European Union. It replaces and substantially extends the E-Commerce Directive of 2000.
The DSA distinguishes several categories of platforms according to their size and impact: ordinary platforms, large online platforms with more than 45 million monthly active users in the EU, and very large online platforms (VLOPs) designated by the European Commission as having a systemic impact. Google Shopping is subject to the DSA's strictest obligations as a VLOP.
Before the DSA, Google could suspend your Merchant Center account with a generic message and no obligation to provide a detailed explanation, to accept a structured appeal, or to respond within a defined timeframe. The DSA rebalances this relationship by imposing procedural and substantive obligations on Google.
With the DSA, three fundamental changes apply:
1. The obligation to explain: Google must provide a clear, precise, and intelligible statement of reasons for any service restriction decision. This statement must identify the specific policy violated, the facts and circumstances that led to the decision, and the means available to contest it.
2. The obligation of human review: If you contest the decision, Google must offer an internal review by human staff. An algorithm cannot constitute the definitive response to a contested appeal.
3. The obligation of timeliness: Google must process appeals within a reasonable timeframe. We recommend specifying 30 days in your formal requests.
Article 17 of the DSA requires VLOPs to provide a statement of reasons for any measure restricting access to their services. For a GMC suspension, this statement must include: the specific Google policy that was violated, the specific facts and observed elements that motivated the decision, and the available avenues of recourse.
Article 20 requires VLOPs to make available an internal complaint handling system, managed by human staff. If your initial appeal was rejected — or appears to have been handled automatically — you can explicitly invoke Article 20 and request a review by a qualified human being.
Article 21 requires VLOPs to allow access to certified out-of-court dispute settlement bodies. These bodies are independent of Google and can rule on the merits of the suspension without judicial proceedings.
VLOPs must maintain a public transparency register on their recommendation and moderation systems. This article opens the door to information requests about the exact criteria used by the Misrepresentation detection algorithm.
Article 23 prohibits VLOPs from suspending access to their services for users who legitimately and in good faith contest restriction decisions. This article provides an additional argument against repeated suspensions without precise grounds.
To effectively invoke Article 20, add a distinct paragraph to your GMC appeal with this level of precision: As a merchant legally established in the European Union ([Company Name], [registration number]), we invoke Regulation (EU) 2022/2065 on a single market for digital services (Digital Services Act). In accordance with Article 17, we formally request a complete statement of the grounds for the suspension, including the specific policy violated and the facts that motivated this decision. In accordance with Article 20, we request that our appeal be examined by human staff and not processed by an automated system. We expect a substantive response within 30 days of this request.
It transforms your appeal from a simple commercial request into a legal rights demand. Google has a legal obligation to respond substantively — not simply auto-reject it.
Article 17(6) of the DSA requires VLOPs to handle appeals within a reasonable timeframe. In the absence of a precise definition of reasonable in the text, we recommend specifying 30 calendar days in your formal requests. Note that during the cool-down period imposed by Google after a rejected appeal, you can still submit a formal DSA request.
If Google does not comply with its DSA obligations — no explanation provided, refusal of human review, or no response within the indicated timeframe — you can file a formal complaint with the DSA Coordinator in your country.
| Country | Authority | Website |
|---|---|---|
| France | ARCOM (Audiovisual and Digital Communication Regulatory Authority) | arcom.fr |
| Germany | Bundesnetzagentur (Federal Network Agency) | bundesnetzagentur.de |
| Italy | AGCOM (Communications Regulatory Authority) | agcom.it |
| Spain | CNMC (National Markets and Competition Commission) | cnmc.es |
The complaint must document: (1) your status as an EU merchant (company registration document or equivalent); (2) the GMC suspension and notification date; (3) the appeals submitted with Google's responses; (4) Google's specific failures to comply with Articles 17, 20, or 21; (5) the documented financial harm.
Article 52 — Financial penalties: For demonstrated violations of the DSA, VLOPs can be fined up to 6% of their annual global turnover. For Alphabet (Google's parent company), whose 2024 global revenue exceeded $300 billion, this represents a theoretical ceiling of over $18 billion.
In practice, such extreme penalties are unlikely for an individual complaint. But they create a legal context that gives Google a strong incentive to treat DSA complaints with a level of seriousness far exceeding standard GMC appeals.
We systematically incorporate the DSA lever into our process for EU merchants, in combination with the compliance audit and technical corrections. Our approach operates across three escalation levels.
Level 1 — Preventive invocation: In every GMC appeal for an EU merchant, we include the DSA section described above.
Level 2 — Formal request after rejection: If the appeal is rejected, we send a formal statement of reasons request under Article 17, via a separate channel.
Level 3 — DSA escalation (add-on at 300 euros): If levels 1 and 2 do not succeed, we prepare and file the complete complaint dossier with the national DSA Coordinator.
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