The DSA became generally applicable to online intermediaries in the EU on 17 February 2024. That date marked the move from earlier phased application to a broad framework for services falling within the Regulation’s territorial and material scope. It does not mean that every digital service is automatically covered.

The duties are proportionate. The type of service, its role in the intermediary chain and, in some cases, the provider’s size affect which requirements apply. The framework includes intermediary services, hosting services, online platforms and online search engines.

Users must have mechanisms for submitting notices about illegal content and for challenging certain decisions. These processes are intended to provide more structured handling of content cases and a way to contest platform decisions within the DSA framework.

The DSA also increases transparency around advertising and recommender systems. Services must provide relevant information about advertisements, and users should receive better insight into how recommendations operate. The requirements must be mapped to the service’s actual functionality rather than its marketing description.

Protection of minors is part of the Regulation’s duties. Very large online platforms and very large online search engines also face additional requirements, including obligations connected with systemic risks and oversight. Those enhanced duties must be distinguished from requirements applying to all or most online intermediaries.

Enforcement is shared between the Commission and national Digital Services Coordinators. For Norway, 17 February was not a Norwegian commencement date. The DSA required EEA incorporation and national implementation, while services offered into the EU still needed a specific assessment of territorial scope.

For a platform, the application date required ownership across moderation, product, advertising, support and legal teams. It needed reasons for moderation decisions, a route for notices of illegal content and complaints that were not handled entirely by automation. Marketplaces also needed seller traceability, while advertising could not be targeted using special-category personal data.

Sources

European Commission: “Digital Services Act starts applying to all online platforms,” 16 February 2024.

EUR-Lex: “Regulation (EU) 2022/2065 on digital services,” 27 October 2022.

For discussion

Which DSA service category do we provide, and which complaint, transparency and safety duties follow from that role?