DSA – Digital Services Act

Regulation (EU) 2022/2065 on a Single Market for Digital Services (Digital Services Act)

In Force Effective: 17/02/2024 EU-wide EU Regulation

Overview

The Digital Services Act (DSA) is an EU regulation that establishes uniform rules for digital intermediary services in the European single market. It governs the responsibilities of online platforms for illegal content and creates transparency obligations for algorithmic systems and online advertising.

Who Is Affected?

The DSA distinguishes four categories of intermediary services with tiered obligations:

  • Mere conduit services (e.g. internet access providers)
  • Hosting services (e.g. cloud providers, web hosting)
  • Online platforms (e.g. marketplaces, social media, app stores)
  • Very large online platforms and search engines (VLOPs/VLOSEs with 45M+ EU users)

Core Obligations

  1. Transparency reports: Annual reports on content moderation and complaints
  2. Notice and action: Mechanisms for reporting illegal content with expedient response
  3. Complaint handling: Internal complaint system and out-of-court dispute settlement
  4. Advertising transparency: Labelling and explanation of online advertising
  5. Risk assessments: VLOPs must assess and mitigate systemic risks
  6. Researcher data access: VLOPs must provide data access for research purposes

National Transposition

As an EU regulation, the DSA applies directly. Each member state designates a Digital Services Coordinator:

  • Germany: Bundesnetzagentur as the Digital Services Coordinator
  • Austria: KommAustria / RTR as the competent authority
  • Switzerland: Not directly affected (non-EU member) but relevant for Swiss companies with EU users

DSA: Does it affect you?

Find out if and how this regulation affects your company – we're happy to advise you.

Frequently Asked Questions

Who is affected by the DSA?

All providers of digital intermediary services in the EU — from hosting providers and online platforms to very large online platforms with over 45 million EU users.

When does the DSA apply?

For very large online platforms (VLOPs), the DSA has applied since August 2023. For all other digital service providers, it has applied since 17 February 2024.

What are the core obligations under the DSA?

Transparency reports, notice-and-action mechanisms for illegal content, complaint handling, advertising transparency, algorithmic accountability, and systemic risk assessments for very large platforms.