If you have any further questions or concerns, please do not hesitate to reach out.
What is the DSA?
A new European regulation applicable to providers of digital intermediary services that provide access to goods, services, and content. The DSA aims to create a safer digital environment, enhance transparency and accountability, protect consumer rights, and promote innovation and competition.
When the DSA will enter into force?
The DSA came into force on November 16, 2022, and will be applicable across the EU starting from 1 January 2024. Online platforms are required to publish their number of active users by February 17, 2023.
Who is affected by the DSA?
The DSA applies to B2B and B2C providers of digital intermediary services who provide access to goods, services, and content, including providers of mere conduit, caching, hosting, online platforms, and online search engines. Small and micro-enterprises have obligations under the DSA that are proportionate to their size, but the exemption only applies to the publication of active recipients.
What are the key obligations in the DSA?
The DSA requires providers of online platforms to implement an internal complaint handling system, enhance protection for minors, prohibit misleading user interfaces, and promote transparency in online advertising. Providers must take the required measures when authorities point out illegal content and give special weight to notices provided by trusted flaggers.
What is an “online platform”and an “online search engine”?
An online platform connects people or allows content to be shared publicly and can be present in a variety of sectors. Examples of online platforms are social media, app stores and online marketplaces. An online search engine allows users to input their queries, by different means
(for example through text or voice or any other input) to search for websites or content online.
Who has to publish the count of their active recipients?
Only providers of online platforms and providers of online search engines, with the exception of micro and small enterprises (fewer than 50 employees and an annual turnover or balance sheet below €10 million), are required to publish the count of their active recipients. For the avoidance of doubt, micro and small enterprises still have obligations under the DSA, although proportionate to their ability and size while ensuring they remain accountable. The exemption mentioned above only refers to this particular requirement, namely the count of active recipients.
How to calculate average monthly active recipients of the service in the European Union?
The DSA is straightforward with respect to the count of the average active recipients. In particular, this shall be calculated as an average over the period of the past six months.
Where to publish?
The number of active recipients shall be published in a publicly available section of the online interface and should be updated on a regular basis, at least once every six months after the 17 February 2023. The remaining obligations under the DSA will apply from 17 February 2024. However, certain players, including very large platforms with more than 45 million users in the EU (commonly known as very large online platforms – VLOPs) will have to comply earlier.
What are the key obligations in the DSA?
The DSA requires providers of online platforms to implement an internal complaint handling system, which enables recipients to complain about alleged unauthorized removal of content. The DSA also enhances protection for minors, prohibits misleading user interfaces, and promotes transparency in online advertising. Providers of intermediary services must take the required measures when the authorities point out illegal content and give special weight to notices provided by trusted flaggers.
Enforcement and compliance with the DSA
Each EU member state must appoint a Digital Services Coordinator (DSC) to monitor and enforce compliance with the DSA. Violations of the DSA can lead to fines of up to 6% of annual worldwide turnover of the preceding financial year. Companies that provide digital intermediary services should assess whether the DSA applies to their business and identify compliance gaps by performing a gap analysis. Companies should also assess the impact of the DSA on their compliance with existing laws and regulations.
If you have any further questions or concerns, please do not hesitate to reach out.
