Digital Services Act — Regulation (EU) 2022/2065

Overview

This Regulation aims to contribute to the proper functioning of the internal market for intermediary services by setting out harmonised rules for a safe, predictable and trusted online environment. It seeks to facilitate innovation while ensuring the effective protection of fundamental rights, including consumer protection. (Art. 1)

This Regulation applies to intermediary services offered to recipients who are established or located in the Union, irrespective of where the providers of those services are established. Intermediary services are defined as 'mere conduit', 'caching', and 'hosting' services. (Art. 2 Art. 3)

Key points

• Providers of intermediary services are not liable for illegal content they transmit or store, provided they meet certain conditions, such as acting expeditiously to remove or disable access to illegal content upon obtaining actual knowledge of it. However, they are not subject to a general obligation to monitor the information they transmit or store. (Art. 4 Art. 5 Art. 6 Art. 8)
• All intermediary service providers must designate a single point of contact for authorities and for users. Providers not established in the Union must designate a legal representative within the EU. (Art. 11 Art. 12 Art. 13)
• Providers of hosting services must establish easy-to-use 'notice and action' mechanisms for anyone to report illegal content. When they restrict content, they must provide a clear statement of reasons to the affected user. (Art. 16 Art. 17)
• Online platforms must provide an internal complaint-handling system for users to challenge content moderation decisions. Users also have a right to select a certified out-of-court dispute settlement body to resolve disputes. (Art. 20 Art. 21)
• Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), those with over 45 million active monthly users in the EU, are subject to additional obligations. These include conducting annual risk assessments on systemic risks (like the dissemination of illegal content or negative effects on fundamental rights), implementing risk mitigation measures, and undergoing independent audits. (Art. 33 Art. 34 Art. 35 Art. 37)
• VLOPs and VLOSEs must provide an option for their recommender systems that is not based on profiling. They must also maintain a public repository of advertisements shown on their interface for one year after the ad was last presented. (Art. 38 Art. 39)

Structure

The Regulation is organised into five chapters. Chapter I covers general provisions, including the subject matter, scope, and definitions. Chapter II establishes the conditional liability exemption framework for intermediary services. Chapter III details the tiered due diligence obligations, starting with rules for all providers, then adding specific requirements for hosting services, online platforms, and finally, the most stringent obligations for Very Large Online Platforms and Search Engines to manage systemic risks. Chapter IV sets out the implementation and enforcement framework, establishing Digital Services Coordinators, the European Board for Digital Services, and the Commission's specific powers over very large platforms. Chapter V contains final provisions, including amendments to other directives and the entry into force.

Related instruments

• Directive 2000/31/EC — This Regulation incorporates and repeals the liability exemption provisions (Articles 12-15) of the E-commerce Directive, updating the framework for the digital age.
• Regulation (EU) 2016/679 (32016R0679) — The Digital Services Act is without prejudice to the GDPR. Several of its provisions, particularly on advertising and profiling, directly reference definitions and rules from the GDPR.
• Regulation (EU) 2019/1150 — This Regulation complements the Platform-to-Business (P2B) Regulation, which already governs fairness and transparency for business users of online intermediation services.