Article 16 of the Charter of Fundamental Rights of the EU (‘the Charter’) creates in EU law the freedom to conduct a business. On its face the EU's proposed Digital Services Act (‘DSA’) includes provisions which inevitably restrict the freedom to conduct a business for impacted companies. That is the express intention of the proposal. This piece explores whether the restrictions proposed go beyond what is proportionate to achieve the stated policy objectives. If they are, they would be incompatible with Article 16; a topic which is receiving surprisingly little airtime in discussions to-date both about the DSA and technology regulation in general.