Digital Services Act (DSA)

European Union Online platforms

Status

In force since 16 Nov 2022; applies to all intermediary services since 17 Feb 2024 (earlier for very large platforms).

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).

Size thresholds

VLOP/VLOSE: 45 million+ average monthly EU users. Micro and small enterprises get lighter obligations.

Regulator

National Digital Services Coordinators; European Commission for VLOPs/VLOSEs

Data protection officer

VLOPs/VLOSEs must appoint an independent compliance function; all providers need a single point of contact.

Local representative

Providers with no EU establishment must designate a legal representative in the EU.

Maximum penalty

Up to 6% of annual worldwide turnover.

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

What you must do

• 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.

Sources

• Primary source: https://digital-strategy.ec.europa.eu/en/policies/digital-services-act
• Second source: https://www.cooley.com/services/practice/european-tech-regulation/digital-markets-competition-consumers/the-digital-services-act
• Regulator: National Digital Services Coordinators; European Commission for VLOPs/VLOSEs

Information only, not legal advice. Laws change; confirm with the regulator or a qualified lawyer before relying on this page. Spotted an error? Email [email protected].