CONTENT
Digital Services Act
CONTENT
Digital Services Act
Origin
Regulation (EU) 2022/2065 on a single market for digital services
General overview
The Digital Services Act (DSA) regulates online intermediaries and platforms with the aim of creating a safer online environment and establishing a powerful transparency and accountability framework for service providers.
The DSA takes a tiered approach to regulation and obligations will apply based on the categorisation of the service provider.
The obligations will apply to:
- 'intermediary services', which consist of "mere conduit", "caching" and "hosting services
- ‘hosting services’ i.e. services consisting of the storage of information provided by, and at the request of, the user of the service
- ‘online platforms’, being a subset of hosting services that also disseminate information to the public, such as social media platforms sand online marketplaces
- 'very large online platforms (VLOPs) and 'very large online search engines' (VLOSEs), being services with more than 45 million active monthly users in the EU
The most onerous obligations such as those relating to risk assessments and external audits, apply only to VLOPs and VLOSEs.
Under the DSA, all online platforms had to publish their average monthly active recipients by 17 February 2023. As of 18 January 2024, the European Commission has designated 17 VLOPs and 2 VLOSEs.
From 17 February 2024, other in-scope service providers will be required to comply with the obligations placed on them, such as transparency reporting responding to orders to act against illegal content, which apply to all online intermediary services.
Although the DSA is an EU Regulation with direct effect, there are certain provisions which require national transposition. To this end, the Digital Services Act 2024 was commenced with effect from 17 February 2024. The Act designates Coimisiún na Meán as the Digital Services Coordinator and lead competent authority for the Digital Services Act in Ireland. It also designates the Competition and Consumer Protection Commission (CCPC) as a competent authority, with specific responsibility for online marketplaces. The Act also provides the authorities with the necessary powers for supervision and enforcement of the DSA, including the ability to impose administrative fines and penalties.
Status
Regulation applies across the EU since 17 February 2024
Ireland's Digital Services Act 2024 commenced on 17 February 2024
REGULATION APPLIES
SINCE 17 FEB 2024
Useful links
- Text of the regulation
- Delegated regulation on supervisory fees (29 June 2023)
- Implementing regulation on enforcement (12 July 2023)
- Delegated regulation on audits (22 February 2024)
- Implementing regulation on information sharing system (7 March 2024)
- Ireland's Digital Services Act 2024