The EU Digital Services Act — 2022
Produced in partnership with Luke Streatfeild, Kio Gwilliam, Antonio Delussu and Andrea Martín Alacid of Hausfeld & Co LLP
Last updated on 11/08/2022

The following EU Law practice note produced in partnership with Luke Streatfeild, Kio Gwilliam, Antonio Delussu and Andrea Martín Alacid of Hausfeld & Co LLP provides comprehensive and up to date legal information covering:

  • The EU Digital Services Act
  • Background of the EU DSA
  • What is the purpose and scope of the EU DSA?
  • Who will the EU DSA apply to?
  • The four-tiered system
  • Tier 1 obligations—all intermediary services
  • Obligations of all intermediary services
  • Specific obligations for caching and online search engines
  • Tier 2 obligations—hosting services
  • Notice and Action Mechanism
  • More...

The EU Digital Services Act

STOP PRESS: On 23 of April 2022, the European Parliament and the Council of the EU reached a provisional agreement on the EU DSA. On 5 July 2022, the EU DSA has been formally adopted by the European Parliament in a final vote. The final vote of the Council of the EU is expected in September 2022. This Practice Note will be updated when the Act is published in the Official Journal of the EU.

This Practice Note summarises the draft EU Digital Services Act (EU DSA), as provisionally agreed by the Council of the EU and the European Parliament on 23 April 2022. The EU DSA is, with the Digital Markets Act (EU DMA), part of a new package of European legislation to regulate digital markets. The main aim of the EU DSA is to ‘keep users safe from illegal goods, content or services, and to protect their fundamental rights online’. This Practice Note provides details on the background, scope and enforcement of the EU DSA. It also sets out the key obligations and exemptions under the four-tiered system of the EU DSA.

For information on the EU DMA, see Practice Note: The EU’s Digital Markets Act.

Background of the EU DSA

The European Commission published its proposal for the draft EU DSA on 15 December 2020 (European Commission Proposal). It is framed

Related documents:
Key definition:
digital service definition
What does digital service mean?

means: a service within the meaning of point (b) of Article 1(1) of Directive (EU) 2015/1535 which is of any the following kinds: ? online market place ? online search engine ? cloud computing service

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