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Digital Services Act (DSA) will apply to more and more businesses from 17.2.2024

As of February 17th 2024, all companies offering services falling within the scope of the Digital Services Act (DSA) will need to be in compliance with the obligations contained in the regulation and pertaining to them. The obligations contained in the DSA will no longer only be applicable to the 17 very large online platforms and search engines in the EU as designated by the European Commission.

The DSA contains numerous due diligence and transparency obligations applicable to most actors providing online intermediary services, such as Internet providers, social media platforms, content-sharing platforms, marketplaces, cloud providers and others. For instance, online platforms will, as of Saturday, be prohibited from presenting advertising based on profiling to minors, as long as they are reasonably certain that the user is a minor. They will also need to have in place a mechanism allowing users to submit notices concerning illegal content and to challenge the decisions issued after receipt of such notices. Furthermore, any such a moderation decision will have to be accompanied by a clear and specific statement of reason. Online platforms will also have to regularly analyze the effects of their activities on the security of the Internet as well as on the fundamental rights of the users of their services.

Such obligations depend on the size and the nature of the services provided. Failure to be compliant can lead to fines and sanctions from the enforcement authorities. Find out today if your company falls within the scope of the DSA by filling out our questionnaire below. At Fondia, we have several experts from our Contracts & Technology practices who can help you figure out what obligations are relevant to your company and assist you in becoming fully compliant with the new regulation. Our services include for instance an audit and gap analysis of your internal and external documentation and routines, and the production of compliant documents and processes.