Spotlight on the Digital Services Act

The draft DSA builds on the liability regime of the E-Commerce Directive and provides new and revised obligations for all online intermediaries, in particular – and in order of increasing regulatory intensity – for hosting providers, online platforms (notably social networks, content sharing platforms and online marketplaces) and very large online platforms. The DSA addresses liability for illegal content, sets out new rules for notice and take down processes, and provides far-reaching transparency reporting obligations. It comes with a new framework of regulatory oversight and enforcement measures for Digital Services Coordinators and the European Commission.

We expect the proposals to be hotly debated throughout 2021, given the ambitious scope and anticipated commercial and legal impact of the legislation on a wide range of online services.