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JUDr. Zuzana Liškařová
junior associate
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In our last article we discussed what the aims of the Digital Service Act, or Digital Services Order ("DSA") are and who it affects. In this article, we look at the basic obligations that apply to digital service providers. We will also look at the penalties for breaching these obligations.
Under the DSA, digital service providers are required to comply with new rules designed to increase transparency and online security. In this article, we will focus only on the obligations that the DSA imposes on intermediary service providers, hosting services and online platforms and online marketplaces.
Key obligations for intermediary service providers include:
In addition to the above obligations, hosting services have the following obligations:
Operators of online platforms are facing stricter requirements to provide a safer environment for their users. This is matched by new obligations such as:
In addition to the above obligations, operators of online marketplaces have the following obligations:
For individual infringements, Member States are entitled to impose fines of up to 6% of the annual worldwide turnover of the intermediary service provider for the previous financial year. The level of penalties varies, of course, according to the severity.
If you consider yourself to be classed as a digital service provider, it is essential that you familiarise yourself with the obligations that the DSA brings. This includes not only adjusting your terms and conditions and putting in place transparent content moderation rules, but also ensuring that your services are compliant with user protection and anti-illegal content requirements.
Responsible lawyer: JUDr. Zuzana Liškařová, Nathanael Schwarz contributed to the article.