The EU Digital Services Act (‘DSA’), formally titled as the ‘Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC’ is intended to overhaul the outdated framework that previously regulated online intermediaries such as auction sites, social networks, ISPs and platforms which allow for the sharing of content over the Internet.
The DSA contains sets of obligations which increase in severity in proportion to the size, role and impact of the online intermediary. Therefore, so-called ‘very large online platforms’ (‘VLOPs’) and ‘very large online search engines’ (‘VLOSEs’) which have millions of subscribers or users, must abide by the most onerous obligations. The EU Commission has already designated which entities are to be considered VLOPs and VLOSEs (so far, they number seventeen (17) and the full list is available here) and for such entities, the DSA has been applicable since the end of August 2023.
Meanwhile, for other online platforms (such as marketplaces and app stores), hosting services (such as cloud and web hosting services) and intermediary service providers (primarily internet service providers), less strict obligations than those applicable to VLOPs and VLOSEs will begin to apply from 17th February 2024. The ultimate aim is to increase accountability for providers of digital services and to grant EU citizens more control and protection when browsing online.
We shall be publishing more detailed information on what online service providers should know about the DSA in the coming weeks.
This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact info@mamotcv.com