The Digital Services Act (DSA) will create new standards for digital services in the EU, regulating illegal content online, the protection of users’ rights, and the liability of a wide variety of providers of digital "intermediary services", including cloud providers, online marketplaces and app stores.
The DSA, together with its sister regulation, the Digital Markets Act (DMA), will form a set of new rules intended to create a safer and more open digital space and to foster innovation and competitiveness. The text of the provisional agreement reached by EU governments, recently endorsed by the EU Parliament’s Internal Market Committee, is expected to be put to a final vote in Parliament in July before it is formally adopted by the Council and published in the EU Official Journal. These regulations are the first major overhaul of EU rules for the online sector for two decades.
Tech experts from across the Clifford Chance network gave an overview of the Digital Services Act, examined who is affected and how, discussed what happens next, and explained how businesses can prepare.
- What is the scope of the DSA – who does it apply to in practice? What extra-territorial effect does it have?
- How are the obligations "graded" across different types of digital intermediaries – what are the key obligations that apply to all providers of intermediary services, and which rules apply to hosting services or to online platforms?
- How will the DSA interplay with other laws, such as the DMA?
- What should businesses be doing to prepare?