European Union. Sectoral privacy. Regulation (EU)

DSARegulation (EU) 2022/2065 on a Single Market for Digital Services (Digital Services Act)

In force

§1Summary

Synopsis

Sets layered obligations for intermediary services (mere conduit, caching, hosting, online platforms) on illegal content, notice and action, transparency and user protection. Very large platforms and search engines also have systemic risk duties. It includes privacy-relevant bans on targeted ads to minors and on ads based on sensitive data profiling.

Key themes
  • notice and action
  • transparency reporting
  • ad transparency
  • profiling restrictions
  • minors
  • dark patterns
  • systemic risk
Unique features

It bans online platforms from showing ads based on profiling with special-category data, and from profiling-based ads to minors (Arts 26(3), 28(2)). It also bans dark patterns (Art 25).

SaaS relevance

A SaaS product that hosts user content is a 'hosting service' and needs notice-and-action and transparency measures. Platform duties apply if it disseminates user content to the public (micro and small enterprises are exempt from some duties).

§2Obligations

Extraterritorial
Yes
Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
6% of worldwide annual turnover

§3Dates

Key dates
  • Adopted
  • In force
  • VLOP/VLOSE obligations from four months after designation (first designations 2023-04-25); fully applicable 2024-02-17

§4Text and authority

Text
Authority
European Commission (VLOPs/VLOSEs); national Digital Services Coordinators

§5Where it applies

Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

Non-EU providers must appoint a legal representative.