Digital Services Act (DSA)

The Digital Services Act (DSA) – Regulation (EU) 2022/2065 – establishes a uniform EU-wide legal framework for digital services and online platforms. The aim of the Regulation is to ensure a safe, transparent and trustworthy digital environment and to strengthen the protection of users, businesses and fundamental rights on the internet. The DSA applies to a wide range of digital intermediary services, including hosting services, online marketplaces, social networks, search engines, app platforms and other digital intermediaries. Since 17 February 2024, the provisions have generally applied to all affected providers, whilst stricter requirements had already been in place for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs).

The DSA establishes extensive transparency, due diligence and organisational obligations. Among other things, companies must establish procedures for dealing with illegal content, provide reporting and complaint mechanisms, publish transparency reports, and meet specific requirements regarding advertising, recommendation systems and the protection of minors. Large platforms face additional obligations, such as conducting risk assessments, mitigating systemic risks and verifying their compliance through independent audits. Breaches of the DSA can result in substantial fines and regulatory measures. The European Commission and national digital services coordinators monitor compliance with the regulation and have already initiated several proceedings against large platform operators.

The lawyers at GvW assist companies in implementing the requirements of the Digital Services Act and in developing legally compliant platform and content governance structures. Our advice combines regulatory expertise in European digital law with extensive experience in IT law, data protection law, competition law and regulatory proceedings. We support clients from the initial risk analysis through the implementation of compliance measures to representation before supervisory authorities and courts.

Our key areas of practice in relation to DSA legal advice

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Assessing the applicability of the DSA to digital services, platforms and online marketplaces

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Analysis and implementation of notice-and-action procedures for unlawful content

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Advice on drafting terms of use and community guidelines

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Support with transparency obligations and transparency reports

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Advice on online advertising, targeting and recommendation algorithms

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