The Digital Services Act regulates online intermediaries: hosting services, online platforms and search engines. It replaces the liability rules of the e-Commerce Directive and adds an extensive set of due diligence obligations.
Legal basis
Regulation (EU) 2022/2065 has applied in full since 17 February 2024. The obligations are layered by type of service and size. All intermediaries need contact points and transparent terms. Hosting services must offer a notice mechanism and give reasons for removals. Online platforms must additionally provide an internal complaint-handling system, cooperate with out-of-court dispute settlement, prioritise notices from trusted flaggers, and make advertising recognisable with the advertiser and the main parameters identified. Deceptive design is prohibited, as are advertisements based on special category data and targeted advertising to minors. Very large platforms and search engines have further obligations on risk assessment, audits and data access for researchers.
How it works in practice
For Dutch businesses operating a marketplace, a forum or a review system, the first question is which category applies; small and micro enterprises are exempt from part of the platform obligations. Implementation follows: terms, notice process, statements of reasons, complaint handling and an advertisement repository. In the Netherlands the Authority for Consumers and Markets is the designated Digital Services Coordinator.
Where it goes wrong
Businesses assume the Regulation only affects big tech. A second error is a notice button without the required acknowledgement and statement of reasons. Third, the obligations collide with the GDPR where personal data are exchanged about notices without a legal basis.
Related terms
The Regulation connects to notice and takedown, to distance selling for marketplaces and to the AI Act.
Do you operate a platform? Our IT law specialists establish which obligations apply to you.
