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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.
| Topic | Digital Services Act (DSA) European Union 13/14 facts confirmed by two sources | EU GDPR European Union (EEA) ✓ Confirmed by two sources |
|---|---|---|
| Status | In 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 to | 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).✓ | 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 thresholds | VLOP/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.✓ |
| Regulator | National Digital Services Coordinators; European Commission for VLOPs/VLOSEs✓ | National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓ |
| Breach or incident reporting | N/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 requests | N/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 officer | VLOPs/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 representative | Providers 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 abroad | N/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 consent | N/A | Cookie/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 penalty | Up 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)
- Publish a single point of contact and, if non-EU, appoint an EU legal representative.
- State content moderation rules clearly in your terms and conditions.
- Hosting: provide an easy notice-and-action tool for reporting illegal content.
- Platforms: offer an internal complaints process and ad transparency.
- VLOPs/VLOSEs: assess and mitigate systemic risks and publish transparency reports.
What you must do under EU GDPR
- Identify a lawful basis for every processing purpose and record it.
- Publish a clear privacy notice covering purposes, recipients, retention and rights.
- Keep a record of processing activities and sign Art 28 contracts with processors.
- Run a DPIA before high-risk processing such as large-scale profiling or sensitive data.
- Report qualifying breaches within 72 hours (lead authority, or every relevant DPA if you have no EU establishment) and log all breaches.
- Answer access, erasure and other rights requests within one month.
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@