EU Digital Services Act Changes the Rules for Online Ads — What Marketers Need to Know

The EU’s Digital Services Act (DSA) is now live — and it’s bringing major changes to how online advertising works across Europe. While much of the early focus was on social platforms and marketplace regulation, one of the most important shifts for marketers and affiliates is in how ads must now be labelled, tracked, and delivered.

If you run ads, place affiliate links, or promote offers via digital channels, the new rules could affect everything from how you structure campaigns to how you disclose data use.

So, what exactly has changed? Who does it apply to? And how should marketers and affiliates respond?

Let’s break it down in plain English.

What is the Digital Services Act?

The DSA is a wide-ranging piece of EU legislation designed to make the internet safer, more transparent, and more accountable. It covers everything from illegal content moderation to platform responsibility.

But tucked into its pages are several new rules specifically targeting online advertising — aimed at giving users more control and visibility over the ads they see.

Here are the key points for marketers:

1. All ads must be clearly labelled: Users must be able to tell that something is an ad — and who paid for it.
2. Targeting info must be disclosed: If an ad was shown based on a user’s personal data (like age, location, or interests), the platform must say so — and explain why.
3. Profiling based on sensitive data is banned: You can’t target ads based on things like political views, sexual orientation, religion, or ethnicity — even if the user has shared that information.
4. Dark patterns are off-limits: The DSA bans deceptive interfaces that trick users into clicking, signing up, or buying something they didn’t intend to.

These rules apply to all platforms operating in the EU — including social media sites, search engines, e-commerce marketplaces, and ad networks. They also cover advertisers and affiliates who use these channels to promote products or services.

How does this affect affiliate marketing?

At first glance, the DSA may seem more relevant to big tech than to affiliate marketers. But if your traffic or audience comes from the EU, you’re likely affected — especially if you:

• Run paid campaigns on Meta, TikTok, or Google
• Use retargeting or lookalike audiences
• Send users to merchant sites via affiliate links
• Promote personalised offers based on user behaviour

Here’s what to watch out for:

• You must be transparent about sponsored content: If you promote a product or include affiliate links, users must be told — clearly and up front — that it’s a paid partnership. This isn’t new, but enforcement is now stricter.
• If you collect user data, explain how it’s used: Whether it’s via a cookie, email signup, or quiz, you’ll need to make your data practices crystal clear. Users must know if their data is being used to personalise offers.
• Don’t rely on platforms to do all the compliance for you: Facebook or YouTube might label your ad correctly — but if your landing page or email flow misleads users, you could still be held responsible.

Implications for paid media buyers

If you run performance campaigns through Meta Ads or Google Ads, expect more friction — at least initially.

You’ll need to:

• Confirm your business identity
• Provide more detail on targeting criteria
• Ensure all creatives meet transparency standards
• Monitor updates to ad libraries and labelling tools

Some targeting options may disappear altogether, especially those based on sensitive traits or inferred interests. Expect costs to rise slightly as platforms make compliance a priority.

What should affiliates and marketers do next?

Here’s a practical checklist:

1. Audit your current campaigns: Check that all sponsored content is clearly marked — across social, email, blogs and video.
2. Update your privacy policy and cookie notices: Make it easy for users to understand what data you collect and how it’s used. If you’re not sure, simplify until it’s clear.
3. Use plain language: If a call-to-action is hiding a cost or condition, rewrite it. “Get your free trial” shouldn’t be followed by fine print about auto-renewal.
4. Keep an eye on platform changes: Meta, Google, TikTok, and others are rolling out updates to comply with the DSA. Subscribe to their policy centres and stay in the loop.
5. Focus on trust: Users are more privacy-aware than ever. If your content is honest, your offers are clear, and your data use is transparent, you’ll build loyalty — and improve conversions.

Final thoughts

The EU Digital Services Act is reshaping how digital advertising works — not by banning it, but by demanding more clarity and accountability.

For affiliates and marketers, this is both a warning and an opportunity. Yes, there’s more admin. But there’s also a chance to differentiate yourself — by doing things right, building trust, and delivering value.

Because in the long run, honest marketing always wins. And now, in the EU at least, it’s the law.