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Digital Services

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)

  • designate a single point of contact to communicate with the Commission and the European Digital Services Board for the application of the DSA Regulation (Article 11);
  • checks the publication of information, its ease of accessibility and its updating;
  • receives notification of contact details of legal representative.
  • designate a single point of contact to enable the recipients of the service to communicate directly and quickly with them, by electronic means and in a user-friendly manner (Article 12);
  • designate the legal representative, if applicable (Article 13);
  • include, in their terms and conditions, information on any restrictions they impose in relation to the use of their service in respect of information provided by the recipients of the service: policies, procedures, measures and tools used for the purpose of content moderation, algorithmic decision-making and human review, as well as on the rules of procedure of their internal complaint handling system (Article 14);
  • verifies that the terms and conditions are made available to recipients;
  • checks the content of the terms and conditions/language.
  • make available to the public, at least once a year, clear and easily comprehensible reports on any content moderation they engaged in during the relevant period (Article 15).
  • checks the publication of the report.

ADDITIONAL OBLIGATIONS FOR THE INTERMEDIARY SERVICE PROVIDERS

(including for online platform providers)

according to DSA

 
  • establish mechanisms enabling any natural person or entity to notify the presence of illegal content (Article 16);
  • verifies that the mechanisms for notifying illegal content have been established and checks how the processing of notices is performed;
  • verifies the existence and assesses the content of the explanatory statement.
  • provide any affected recipients of the service with a clear and specific statement of reasons for the restrictions imposed (Article 17);
  • notify suspicions of offences involving a threat to the life or safety of a person(s) (Article 18).

ADDITIONAL OBLIGATIONS FOR ONLINE PLATFORM PROVIDERS

(with the exception of micro or small enterprises that have not been designated as VLOP)

according to DSA

 
  • provide recipients of the service with access to an effective internal complaint-handling system (Article 20);
  • verifies the existence and functioning of the complaint-handling system;
  • verifies the prior issuance of a warning;
  • assesses how the provider decided on the suspension and the relevant circumstances;
  • verifies, in the terms and conditions, the existence and content of the misuse policy.
  • suspend, under certain conditions, the provision of services to recipients of the service that frequently provide manifestly illegal content (Article 23);
  • suspend, under certain conditions, the processing of notices and complaints of complainants that frequently submit notices or complaints that are manifestly unfounded (Article 23);
  • additional obligations to report disputes under Article 21 and suspensions under Article 23 (Article 24.1);
  • checks the content of the report;
  • can request the number of average monthly active recipients.
  • publish the number of average monthly active recipients of the service (Article 24.2);
  • transmit, upon request, to the DSC or the European Commission, the number of average monthly active recipients (Article 24.3);
  • not manipulate the recipients of the service and not significantly distort or impair the ability of the recipients of the service to make free and informed decisions (Article 25);
  • checks the design of the online interfaces.
  • ensure that the recipients of the service have specific information at their disposal to understand when and on whose behalf the advertisement is presented, provide the recipients of the service with a functionality to declare advertising content and ensure that other recipients of the service can identify the advertising content (Article 26);
  • verifies the design of online interfaces to ensure the fulfilment of obligations.
  • the terms and conditions must include the parameters used in the recommender systems and options for their modification (Article 27).
  • verifies the terms and conditions to ensure the fulfilment of obligations;
  • verifies that the intermediary service providers makes available to the recipients of the service a function that allows them to select and modify their preferred option at any time.
  • take measures to ensure a high level of privacy, safety and security of minors; they are prohibited from using minors' personal data for profiling for the purpose of sending advertising communications (Article 28).
  • verifies the design of the online interfaces to ensure the fulfilment of obligations.

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

 
  • obtain certain information from traders, make every effort to ensure the reliability of the information, and, if the information is incomplete or incorrect, they have the obligation to suspend or block the access to the online platform (Article 30);
  • verifies compliance with the obligations;
  • verifies the design of the online interfaces to ensure the fulfilment of obligations.
  • design the online interface in such a way as to enable traders to comply with their obligations (Article 31);
  • inform consumers who have purchased an illegal product or service when they become aware of this (Article 32).
  • verifies compliance with the obligations