Providers of intermediary services
The types of intermediary services covered by the Regulation are:
“Mère conduit” services: services consisting of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network.
This includes generic categories of services such as internet exchange points, wireless access points, virtual private networks, DNS services and resolvers, top-level domain name registries, registrars, certificate authorities issuing digital certificates, VoIP telephony and other interpersonal communications services.
“Caching” services: services consisting of the transmission in a communication network of information provided by a recipient of the service, involving the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients upon their request.
These include content delivery networks, reverse proxies or content adaptation proxies.
“Hosting” services: services consisting of the storage of information provided by, and at the request of, a recipient of the service.
These cover categories of services such as cloud computing, web hosting, paid referencing services or services enabling sharing information and content online, including file storage and sharing.
Obligations of the providers of intermediary services
In order to avoid disproportionate burdens, the providers that qualify as micro or small-sized enterprises, as defined in Commission Recommendation 2003/361/EC, and that have not been designated as very large online platforms in accordance with Article 33 of the Regulation, are exempted from certain obligations under the Digital Services Act.
These exceptions includes:
- some reporting obligations in terms of transparency (Article 15 paragraph (2) and recital 49 of Digital Services Act);
- some additional obligations for the online platforms providers (Article 19 paragraph (1) and recital 57 of Digital Services Act).
Nevertheless, according to Article 19 paragraph (1) the micro and small enterprises shall not be exempted from the obligation to provide to the Digital Services Coordonator of the country of establishment and to the Commission, without undue delay, upon their request, certain information on the average monthly number of active recipients of the service, updated until the date of such request. Furthermore, the Digital Services Coordonator or the Commission may also request additional information, including explanations and justifications regarding the data used. Such information does not include personal data.
However, according to Article 19 paragraph (2) the online platforms providers, that have been designated as very large online platforms in accordance with Article 33, are not exempted irrespective of wheter they qualify as micro or small enterprises.
- additional obligations for the online platforms providers that allow consumers to conclude distance contracts with traders ( Article 29 paragraph (1) and recital 57 of Digital Services Act).
Nevertheless, if online platforms providers allowing consumers to conclude distance contracts with traders have been designated as very large online platforms in accordance with Article 33, they are not exempted irrespective of wheter they qualify as micro or small enterprises.
GENERAL OBLIGATIONS FOR THE INTERMEDIARY SERVICE PROVIDERS according to DSA |
DUTIES OF DIGITAL SERVICES COORDINATOR (DSC) |
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ADDITIONAL OBLIGATIONS FOR THE INTERMEDIARY SERVICE PROVIDERS (including for online platform providers) according to DSA |
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ADDITIONAL OBLIGATIONS FOR ONLINE PLATFORM PROVIDERS (with the exception of micro or small enterprises that have not been designated as VLOP) according to DSA |
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OBLIGATIONS FOR ONLINE PLATFORMS PROVIDERS ALLOWING DISTANCE CONTRACTS (with the exception of micro or small enterprises that have not been designated as VLOP) according to DSA |
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