DSA (Digital Services Act)

DSA General Framework

Regulation (EU) 2022/2065 on Digital Services (DSA) entered into force on February 17, 2024 for all platforms. Its goal is to create a safer digital environment with obligations proportional to each service's size and risk.

Scope

The DSA applies to all intermediary services offered in the EU regardless of establishment: mere conduit services (ISPs), caching services (CDNs), hosting services (cloud), online platforms (marketplaces, social networks), and very large online platforms (VLOPs, over 45 million monthly active users in the EU).

Key principle: graduated responsibility

Obligations increase with the platform's size and capacity.

Obligations by Category

All intermediaries

Single point of contact, annual transparency reports, cooperation with authorities.

Hosting services (including platforms)

Notice-and-action mechanism for illegal content. Must explain removal reasons and provide appeal mechanisms.

Online platforms

Internal complaint system (free, electronic, human-handled), out-of-court dispute resolution, dark pattern prohibition, advertising transparency (who pays and targeting parameters), and minor protection (no profiling-based ads for known minors).

VLOPs

Annual systemic risk assessment, independent audits, algorithmic transparency (explain recommendation parameters, offer non-profiling option), and data access for academic researchers.

Intermediary Liability

The DSA maintains the liability exemption regime from the e-Commerce Directive: intermediaries are not liable for hosted illegal content if they have no actual knowledge. Once notified, they must act diligently. There is no general monitoring obligation.

Sanctions

VLOPs: up to 6% of global annual turnover. Other platforms: up to 6% of annual income/turnover. Repeated non-compliance may lead to temporary service suspension in the EU. Spain's Digital Services Coordinator is the CNMC.