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Home › Compare laws side by side › Digital Services Act (DSA) vs EU GDPR

Digital Services Act (DSA) vs EU GDPR

Regulation (EU) 2022/2065 on a Single Market for Digital Services (Digital Services Act) (European Union) compared with Regulation (EU) 2016/679 (General Data Protection Regulation) (European Union (EEA)) on the same topics. Every value comes from the law pages, which link to the official sources.

TopicDigital Services Act (DSA)
European Union
13/14 facts confirmed by two sources
EU GDPR
European Union (EEA)
✓ Confirmed by two sources
StatusIn force since 16 Nov 2022; applies to all intermediary services since 17 Feb 2024 (earlier for very large platforms).✓In force since 25 May 2018. Digital Omnibus amendments proposed Nov 2025, not adopted as of Oct 2026.✓
Who it applies toIntermediary services offered to users in the EU, wherever the provider is based. Tiers: all intermediaries; hosting services; online platforms incl. marketplaces; very large platforms/search engines (VLOPs/VLOSEs).✓Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.✓
Size thresholdsVLOP/VLOSE: 45 million+ average monthly EU users. Micro and small enterprises get lighter obligations.✓None — applies regardless of size. Limited record-keeping relief for organisations under 250 staff (Art 30(5)), lost if processing is risky, not occasional, or includes special-category or criminal data.✓
RegulatorNational Digital Services Coordinators; European Commission for VLOPs/VLOSEs✓National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓
Breach or incident reportingN/A✓Notify the competent supervisory authority without undue delay and within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to individuals (Art 33). If you have an EU main establishment, that is your lead authority; if you have no EU establishment (even with an EU representative), notify the authority of every member state where affected people live (EDPB Guidelines 9/2022, para 73). Tell affected individuals without undue delay if the risk is high (Art 34).✓
Deadline to answer personal data requestsN/A✓1 month from receipt; extendable by 2 further months for complex requests if the person is told within the first month. Free of charge unless manifestly unfounded or excessive.✓
Data protection officerVLOPs/VLOSEs must appoint an independent compliance function; all providers need a single point of contact.✓DPO mandatory for public bodies, and where core activities involve large-scale regular and systematic monitoring, or large-scale processing of special-category or criminal-offence data.✓
Local representativeProviders with no EU establishment must designate a legal representative in the EU.✓Non-EU controllers/processors caught by Art 3(2) must appoint an EU representative in writing, unless processing is occasional, low-risk and excludes large-scale sensitive data, or they are a public body.✓
Sending data abroadN/A✓Transfers outside the EEA need an adequacy decision (e.g. UK, Switzerland, EU-US Data Privacy Framework), or safeguards such as Standard Contractual Clauses or Binding Corporate Rules, or a narrow Art 49 derogation.✓
Cookies and consentN/ACookie/tracker consent is governed by the ePrivacy Directive Art 5(3); where consent is the GDPR legal basis it must be freely given, specific, informed, unambiguous and as easy to withdraw as to give.✓
Maximum penaltyUp to 6% of annual worldwide turnover.✓Up to EUR 20 million or 4% of total worldwide annual turnover, whichever is higher (lower tier: EUR 10 million or 2%).✓

= confirmed by two independent sources, at least one official.

Facts marked “Being verified” are still being confirmed and are not given as answers.

Who each law applies to

Digital Services Act (DSA)
Intermediary services offered to users in the EU, wherever the provider is based. Tiers: all intermediaries; hosting services; online platforms incl. marketplaces; very large platforms/search engines (VLOPs/VLOSEs).
EU GDPR
Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.

What you must do under Digital Services Act (DSA)

Full Digital Services Act (DSA) page, sources and checklist

What you must do under EU GDPR

Full EU GDPR page, sources and checklist

Information only, not legal advice. Laws change; confirm with the regulator or a qualified lawyer before relying on this page. Spotted an error? Email contact@glancedeskjurisdiction.com.