Background. The European Commission has been busy at work since the entry of the Digital Services Act (DSA) into force in November 2022. The DSA aims to create “a safe, predictable and trusted online environment.” To do so, it imposes a number of due process, transparency, and due diligence obligations on online companies, referred to by the law as providers of “intermediary services.”
The DSA will be generally enforced by national authorities (Digital Services Coordinators). The European Union Member States must designate these national authorities by February 17, 2024. In the case of the so-called Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), the European Commission will have oversight.
Overview. The below roundup focuses on DSA enforcement by the European Commission and is based on official press releases issued by the Commission, the European Court of Justice, and interested parties. Since July 2023, there have been a number of important actions and developments related to DSA. Most of this activity has concerned the preparatory steps necessary to establish a comprehensive framework for enforcement of the DSA. The Commission has already begun to enforce the law, sending over twenty requests for information and initiating one formal proceeding against X. The upcoming months are expected to be equally, if not more, eventful. We anticipate more developments at the national level as the DSA’s applicability extends to all companies, not just VLOPs and VLOSEs, starting February 17, 2024.
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