DSA - Users of online platforms

Providers of intermediary services

The Digital Services Act applies to all the following providers offering intermediary services on the European market:

• providers of online platforms allowing consumers to conclude contracts with traders remotely (e-commerce platforms);
• providers of intermediary services offering network infrastructures, including 'mere conduit' and 'caching' services (e.g. Internet service providers, domain registrars, non-cloud-based messaging);
• providers of hosting services such as cloud computing and web hosting services;
• providers of online platforms such as online marketplaces, application stores, collaborative economy platforms, discussion forums and social network platforms;
• providers of very large online platforms and very large search engines.

Competition Authority

For each Member State, the Regulation mandates the appointment of a Digital Services Coordinator.

The Competition Authority has performed this role in the national territory since 17 February 2024.

In this regard, and apart from with regard to very large online platforms and very large search engines, the Authority is responsible for:

• monitoring providers of intermediary services and ensuring proper enforcement of the Regulation. To this end, it will have extended investigative and coercive powers to investigate, oversee and enforce the rules laid down in the DSA. For example, it may investigate the conduct of the people involved, order termination of the infringements observed, impose fines and accept commitments;
• any questions relating to monitoring and enforcement of the DSA in Luxembourg;
• coordination at national level with regard to these matters;
• raising awareness of these matters among digital players.

European Commission

The European Commission is the only competent authority for application of the rules specific to very large online platforms and very large online search engines.

Depending on their role, size and impact on the online ecosystem, some intermediary services are subject to more obligations than others. For example, the obligations of an Internet service provider primarily relate to communication of points of contact and transparency regarding any moderation of content. An e-commerce platform will also have to establish a complaint-handling mechanism and take measures to protect minors.

Obligation to take action against illegal content or provide information

Providers of intermediary services must act without undue delay upon receipt of an injunction to act in relation to specific illegal content (e.g. an authority requesting that content be deleted or blocked) or an injunction to provide specific information issued by the competent authorities concerning the recipients of the service.

Obligation to provide a point of contact

Providers of intermediary services designate a single point of contact for exchanges:

• with the European Commission, the European Board for Digital Services and the Authority, and
• with the recipients of the service.

Obligation to provide a legal representative

Providers of intermediary services established outside the European Union but who offer services in the Union shall appoint a legal representative.

Obligations relating to terms and conditions

Providers of intermediary services shall include in their terms and conditions precise information on any restrictions they impose on the use of their service. In this regard, they act diligently, objectively and proportionately, considering the rights and legitimate interests of all the parties, including the fundamental rights of the recipients of the service.

Transparency obligations

Providers of intermediary services shall publish clear, easy-to-understand reports at least once a year on their content moderation activities.

Obligation to implement notification and action mechanisms

Providers of hosting services shall implement mechanisms for reporting illegal content intended for private individuals or entities.

Obligation to provide an explanatory statement of the reasons for certain restrictions

Under certain conditions, hosting providers submit a clear and detailed explanatory statement concerning the restrictions imposed when the information provided by the recipient of the service constitutes illegal content or is incompatible with their terms and conditions.

Obligation to report suspected criminal offences

Providers of hosting services shall inform law enforcement or judicial authorities as soon as they learn information leading them to suspect that a criminal offence posing a threat to the life or safety of one or more people has been committed, is being committed or is likely to be committed.

Obligation to set up an internal complaint-handling system

Providers of online platforms shall provide the recipients of the service with access to an internal complaint-handling system for at least 6 months following the decision:

• whether or not to withdraw information;
• to block access or restrict visibility;
• to suspend or terminate provision of the service to the recipients;
• to suspend or delete the recipients' account;
• to suspend, terminate or restrict the ability to monetise the information provided by the recipients.

Obligations with regard to trusted flaggers

Providers of online platforms shall take the technical and organisational measures necessary to ensure that notifications submitted by trusted flaggers are given priority and that decisions are taken without undue delay.

Providers of online platforms shall inform the Competition Authority, which, as the Digital Services Coordinator, awards trusted flagger status, of any significant number of insufficiently precise, inaccurate or inadequately substantiated notices from these trusted flaggers.

Obligation to take measures to combat and protect against misuse

After giving them prior warning, providers of online platforms shall suspend recipients of the service who regularly upload obviously illegal content for a reasonable period.

Obligations relating to transparency reports incumbent on providers of online platforms

Providers of online platforms shall publish detailed reports at least once every six months.

Obligation relating to the design and organisation of online interfaces

Providers of online platforms shall not design their online interfaces in such a way that they could deceive or manipulate the recipients of their service.

Obligations relating to advertising on online platforms

Providers of online platforms shall inform the recipients of the service when the information presented on their interfaces constitutes advertising. They shall identify not only the person on whose account the advertising is presented, but also the person who paid for the advertising, if different. Providers must also determine the useful information that must be easily accessible from the advertisement.

Providers of online platforms shall not present advertising that relies on profiling to recipients of the service in question.

Obligations relating to the transparency of the recommendation system for providers of online platforms

Providers of online platforms which use recommendation systems shall, in their terms and conditions, specify the main parameters used by these systems, and the options available to recipients of the service to change or influence them.

Obligations relating to the traceability of traders

Providers of online platforms shall ensure that traders who enter into remote contracts with consumers located in the European Union provide them with correct information concerning their contact details, their identification documents, their payment account details, the trade and companies register in which they are entered and their identification number, and a self-certification committing to only providing compliant products or services. Providers shall make this information available to the recipients of the service.

Obligations relating to compliance

Providers of online platforms allowing consumers to conclude remote contracts with traders shall ensure that their interface fulfils their obligations with regard to precontractual information, compliance and information on product safety.

Providers of online platforms allowing consumers to conclude remote contracts with traders shall ensure that the contact details of the economic operator (e.g. the manufacturer, the agent, the distributor, the order fulfilment service provider) are available in their interface.

Obligations relating to the right to information

Providers of online platforms allowing consumers to conclude remote contracts with traders shall inform consumers located in the European Union as soon as they become aware that a trader is offering an illegal product or service.

Obligations relating to online protection of minors

The DSA requires online platforms to put measures in place to guarantee a high level of protection of minors, their privacy, their safety and their security.

Providers of intermediary services shall explain the conditions and restrictions relating to use of the service that are understandable to minors.

Providers of online platforms must not present advertising that relies on profiling on their interface, and must discontinue it as soon as they learn with reasonable certainty that the recipient of the service is a minor.

Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) are designated as such by the European Commission when they reach over 10 % of the 450 million consumers in Europe.

They must fulfil certain specific obligations.

• risk assessment;
• mitigation of risks;
• crisis response mechanisms;
• independent audit;
• recommendation system;
• additional online advertising transparency;
• data access and scrutiny;
• compliance function;
• transparency reporting obligations;
• supervisory fee.