The Digital Services Act

SOURCE: https://www.lexology.com/library/detail.aspx?g=44d68018-8589-4aeb-8f57-51b0bf4cc232

On 16 November 2022, the EU's Digital Services Acts (DSA) entered into force. The DSA's main purpose is to fight the spread of illegal content, online disinformation, and other societal digital risks. The DSA introduces a comprehensive regime of content moderations rules for a wide range of businesses operating in the EU, including all providers of hosting services and "online platforms". 

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Online platforms now have until 17 February 2023 to report their number of average monthly active end users on their websites. Based on these numbers, the EU Commission will assess whether a platform should be designated a "very large" online platform (VLOP).

The DSA's main VLOP obligations will apply four months after the Commission's VLOP notification. VLOP's must then, inter alia, carry out their first annual risk assessment and provide the Commission with the results. 

On 17 February 2024, the DSA will fully apply to all (other) in-scope entities. This date is also the deadline for each EU Member State to establish its own Digital Services Coordinator - which will be the competent authority in each country responsible for supervising intermediary services established in their territory and enforcing DSA rules against non-VLOP entities. The European Commission itself is the enforcement authortity under the DSA for VLOPs.