Chapter 3|Due Diligence Obligations - All Intermediary Services|📖 9 min read
1. Providers of intermediary services shall provide for easy and direct communication with recipients of their service for the purpose of this Regulation.
2. Providers of intermediary services shall make the information necessary to easily identify and communicate with them, directly available, easily accessible, and machine-readable.
3. The information referred to in paragraph 2 shall include at a minimum the geographic address, the telephone number, and email address of the provider. Large providers and very large platforms shall also provide a mechanism allowing recipients of the service to communicate electronically.
Understanding This Article
Article 12 of the Digital Services Act establishes comprehensive requirements for intermediary service providers to make themselves accessible to service recipients (users), ensuring individuals can communicate with providers about DSA-related matters including content moderation decisions, illegal content notices, complaints, questions about service operations, and exercises of user rights. While Article 11 addresses authority-provider communication channels, Article 12 focuses on the equally important provider-user relationship, recognizing that effective platform governance requires accessible communication channels enabling users to interact with providers about their services.
The provision establishes tiered requirements based on provider size and type, reflecting that user contact obligations should be proportionate to scale and resources. All intermediary services must provide basic contact information (geographic address, telephone number, email address) ensuring users can reach them. Large online platforms and Very Large Online Platforms/Search Engines face enhanced obligations to provide 'a mechanism allowing recipients of the service to communicate electronically,' recognizing that platforms serving millions or billions of users need scalable digital communication systems beyond individual email responses.
The 'easy and direct communication' standard in Article 12(1) has substantive implications. 'Easy' means accessible without unnecessary barriers - contact information shouldn't be buried in lengthy legal documents or require extensive navigation through complex website architectures. 'Direct' means communications should reach provider representatives able to address user concerns, not disappear into unresponsive generic inboxes or get lost in automated systems lacking human oversight. Together, these requirements ensure Article 12 creates genuine accessibility rather than mere formal compliance through published-but-unusable contact methods.
The machine-readable requirement in Article 12(2) serves multiple purposes. First, it enables automated discovery of contact information by consumer protection tools, legal technology applications, and accessibility services helping users exercise their rights. Second, it facilitates systematic verification by Digital Services Coordinators monitoring compliance across numerous providers. Third, it supports third-party services (like complaint aggregators or legal aid platforms) that assist users in communicating with providers. Structured data formats (such as schema.org markup, JSON-LD, or similar standardized approaches) satisfy machine-readability requirements by enabling programmatic extraction and use of contact information.
The enhanced electronic communication mechanism required for large providers and VLOPs/VLOSEs reflects practical scalability needs. When a platform has tens or hundreds of millions of users, individual email inquiries become unmanageable. Electronic mechanisms typically include web forms enabling structured submissions (with categorization, file attachments, reference numbers), ticketing systems tracking inquiry status and responses, secure messaging portals providing conversation threads and documentation, and potentially chatbot interfaces for initial triage (though human escalation must be available for matters automated systems can't resolve). These mechanisms must be genuinely functional - systems that accept submissions but provide no meaningful responses or resolution don't satisfy Article 12 obligations.
Article 12 serves multiple DSA compliance contexts. Users contesting content moderation decisions under Article 17 (internal complaint mechanisms) need ways to reach providers. Individuals reporting illegal content under Article 16 (notice and action) use contact channels to submit notices. Trusted flaggers designated under Article 22 communicate with providers through these channels. Affected parties seeking information about content moderation decisions need accessible contact methods. The Article 12 obligation thus underpins numerous other DSA provisions requiring user-provider communication.
The relationship with consumer protection and accessibility frameworks is important. Article 12 complements rather than replaces consumer protection laws requiring accessible customer service. Similarly, website accessibility obligations under national laws implementing the Web Accessibility Directive or similar frameworks apply to Article 12 contact mechanisms - users with disabilities must be able to access and use provider contact information and communication channels through assistive technologies and accessible design.
Geographic address requirements serve several functions despite the digital nature of most intermediary services. Addresses enable legal service of process when disputes arise, provide users with physical locations for legal proceedings if necessary, facilitate regulatory supervision by DSCs needing to verify establishment locations and jurisdiction, and create baseline accountability by ensuring providers can't operate entirely anonymously or untraceably. For non-EU providers, this typically means providing the address of their EU legal representative (if required under Article 13) or principal place of business.
Verification and enforcement present practical challenges. DSCs can audit whether providers publish required contact information, test functionality by sending inquiries and assessing response quality and timeliness, investigate user complaints about inaccessible or non-responsive contacts, and review transparency reports for indications of contact mechanism effectiveness (such as complaint processing statistics). However, distinguishing between non-compliance (providers not maintaining accessible contacts) and performance issues (providers trying but overwhelmed by volume) requires nuanced assessment. The DSA doesn't mandate specific response times or guarantee problem resolution, but it does require genuine accessibility and functionality.
Key Points
All intermediary service providers must enable easy and direct communication with service recipients (users)
Minimum required information: geographic address, telephone number, and email address for all providers
Large platforms and VLOPs/VLOSEs must additionally provide electronic communication mechanisms (web forms, portals, ticketing systems)
Contact information must be easily accessible, directly available, and machine-readable using structured data formats
For Small Blog Hosting Service: A startup offering WordPress hosting to small businesses publishes the following Article 12 contact information in its website footer and 'Contact Us' page: 'BlogHost GmbH, Hauptstrasse 123, 10115 Berlin, Germany; Phone: +49 30 12345678; Email: [email protected].' The contact information is marked up using schema.org Organization schema with contactPoint details, ensuring machine readability. Users can email support for inquiries about content removal requests, service questions, or complaints. The company monitors the support email daily and aims to respond within 48 hours. This satisfies Article 12's basic requirements for intermediary services - accessible contact information covering required elements (address, phone, email) published in easily findable locations with machine-readable formatting.
For Large Social Media Platform: TikTok, qualifying as a Very Large Online Platform, implements comprehensive Article 12 compliance. It publishes: 'TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland; Phone: +353 1 234 5678; Email: [email protected]' on its website, marked up with structured data for machine readability. Additionally, TikTok provides an electronic communication mechanism at tiktok.com/user-contact where users can: (1) select inquiry categories (content moderation appeals, illegal content reports, account issues, general questions); (2) provide detailed descriptions with character counts and formatting tools; (3) attach supporting documentation (screenshots, links); (4) receive case numbers for tracking; (5) get status updates and responses through in-app notifications and email; (6) continue conversations through threaded messaging. This scalable system handles millions of monthly user communications while satisfying Article 12's enhanced requirements for large platforms.
For Online Marketplace: Etsy operates a marketplace connecting sellers and buyers. Its Article 12 compliance includes publishing Etsy's business address, phone, and email on its footer and help center, marked with structured data. Etsy implements an electronic Help Center portal where users can: report listings violating marketplace policies, submit counterfeit goods notices (relevant to Article 32 trademark protection), appeal seller account suspensions, request information about moderation decisions, and communicate about account issues. The portal categorizes inquiries, routes them to appropriate teams (trust and safety, trademark enforcement, seller support), and provides response tracking. This demonstrates how Article 12 obligations adapt to marketplace contexts with multiple stakeholder types (buyers, sellers, rights holders) requiring different communication needs.
For Content Delivery Network: Cloudflare operates caching services (Article 5 intermediary service). While primarily serving businesses rather than individual end users, it still must comply with Article 12 for 'recipients of the service' (its customers). Cloudflare publishes: business address in San Francisco and regional offices, phone numbers, and email contacts on its website footer. For electronic communication, Cloudflare provides customer dashboard portals where users can submit support tickets, manage service configurations, and communicate about content removal requests they receive. This illustrates that Article 12 applies across intermediary service types, with 'recipients' varying based on service nature (consumers for social media, business customers for CDNs, subscribers for ISPs).
For Machine Readability Implementation: A hosting provider implements schema.org structured data on its contact page: . This markup enables search engines, browser extensions, legal tech tools, and DSC monitoring systems to automatically extract and use contact information. Consumer protection apps can populate complaint forms with provider contacts. Accessibility tools can present contact information in formats suited to users with disabilities. This demonstrates practical machine readability implementation.
For Accessibility Compliance: A video streaming platform ensures its Article 12 contact mechanisms meet accessibility standards. The contact page: uses semantic HTML enabling screen reader navigation, provides keyboard navigation for all interactive elements, includes sufficient color contrast for visually impaired users, offers contact form alternatives for users unable to use standard forms, provides clear instructions in plain language, and avoids CAPTCHAs preventing access by users with certain disabilities. When accessibility regulations require accommodations, Article 12 contacts must comply - a contact mechanism inaccessible to users with disabilities fails the 'easy' communication standard.
For Response Quality and Functionality: A platform publishes compliant contact information but its support team responds to inquiries with generic, unhelpful form letters not addressing specific user concerns. Users complain to the national DSC that while contact mechanisms technically exist, they're not functionally useful. The DSC investigates and determines that Article 12 requires not just designation but genuine functionality. The platform must implement improvements: training support staff on DSA matters, providing substantive responses addressing specific inquiries, escalating complex matters to qualified personnel, and documenting complaint handling. This illustrates that Article 12 compliance includes performance obligations, not merely designation formalities.
For Multi-Language Accessibility: A platform operating across EU Member States publishes contact information in multiple languages. The contact page detects user language preferences and displays information accordingly (German users see German address/contact info with German language support; French users see French, etc.). The electronic communication portal offers language selection, with support staff able to respond in multiple EU languages or translation services for less common languages. This language accessibility enhances Article 12 compliance by ensuring 'easy' communication for users across diverse linguistic backgrounds.
For Integration with Other DSA Obligations: Instagram's Article 12 contact mechanisms integrate with other DSA requirements. Users accessing the contact portal can: submit Article 16 illegal content notices (routed to trust and safety teams for rapid assessment), file Article 17 internal complaints about moderation decisions (triggering internal review procedures), request Article 24 information about content moderation decisions (providing explanations and evidence), and exercise rights under Article 14 terms of service provisions (account closure challenges, restriction appeals). This integration demonstrates Article 12's function as infrastructure supporting multiple DSA user rights and provider obligations.
Real-World Challenge - Balancing Scale and Accessibility: YouTube receives millions of user communications monthly through Article 12 channels - content removal appeals, copyright counter-notices, harassment reports, account access issues, monetization disputes. Handling this volume requires: sophisticated ticketing systems categorizing and routing inquiries; automated initial triage identifying urgent matters (CSAM, suicide/self-harm content, imminent threats); AI-assisted response generation for routine inquiries; human review for complex or sensitive matters; escalation procedures for unresolved complaints; quality assurance monitoring response adequacy; and transparency reporting about communication volumes and resolution rates. This operational complexity illustrates that while Article 12 appears simple (provide contact information), implementing it effectively at scale requires substantial infrastructure investment and operational sophistication. However, scale doesn't excuse non-compliance - large platforms must build systems meeting Article 12's accessibility and functionality standards commensurate with their user bases.