In Annex I to Directive (EU) 2020/1828, the following point is added: '(68) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).'
Article 90
Amendment to Directive (EU) 2020/1828
Understanding This Article
Article 90 enables collective judicial enforcement by adding DSA to Directive 2020/1828 Annex I list of EU laws covered by representative actions framework. Representative Actions Directive establishes harmonized EU-wide mechanism for qualified entities (consumer protection organizations, digital rights groups meeting Directive's criteria including not-for-profit status, proper legal establishment, and legitimate interest in consumer protection) to bring representative actions in national courts on behalf of multiple affected consumers without requiring individual mandates from each person. This complements DSA administrative enforcement creating multi-layered accountability: Commission enforces against VLOPs/VLOSEs through Articles 66-76 (investigations, decisions, penalties), Digital Services Coordinators enforce against all intermediaries through Articles 51-52 (national enforcement, penalties), qualified entities bring representative actions in national courts for judicial remedies. Representative actions particularly valuable for systematic DSA violations affecting many users where individual litigation impractical due to small individual damages making lawsuits uneconomical (litigation costs exceed potential recovery), users lack resources or expertise to pursue individual claims, individual users fear retaliation or account termination if they sue platform, but aggregate harm substantial (millions of €10 individual losses equal hundreds of millions aggregate harm). Representative actions enable qualified entities to seek injunctive relief stopping unlawful platform practices and redress measures including compensatory damages distributed to affected users, repair or replacement of defective services, price reductions or refunds. Creates powerful enforcement mechanism alongside regulation enabling civil society to hold platforms accountable through litigation.Key Points
- Adds DSA (Regulation 2022/2065) to Directive 2020/1828 Annex I list of covered EU laws
- Enables representative actions for DSA violations brought by qualified entities
- Qualified entities defined in Directive 2020/1828: consumer organizations, digital rights groups meeting specific criteria
- Representative actions seek injunctive relief (stopping unlawful practices) and redress measures (compensation, repair, price reduction)
- Complements administrative Commission enforcement (Articles 66-76) with judicial collective mechanisms
- Particularly important for systematic violations affecting many users where individual litigation impractical
- Addresses situations where individual user losses small but aggregate harm substantial
- Representative actions brought in national courts following Directive 2020/1828 procedures
- Can represent multiple affected consumers across Member States (cross-border representative actions)
- Qualified entities need not have individual mandates from each affected consumer
- Burden of proof and evidence standards follow Directive 2020/1828 and national civil procedure
- Court remedies can include platform behavior modification, compensation fund distribution, public disclosure
- Complements Article 86 administrative representation with court-based collective enforcement
- Creates accountability through organized civil society litigation pressure alongside regulatory enforcement
- Prevents platforms from treating individual violations as acceptable cost of business