1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. This Regulation shall apply from 17 February 2024. However, Article 24(2), (3) and (6), Article 33(3) to (6), Article 37(7), Article 40(13), Article 43 and Sections 4, 5 and 6 of Chapter IV shall apply from 16 November 2022.
3. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Understanding This Article
Article 93 establishes DSA's temporal framework and legal force creating binding EU-wide obligations without national transposition requirements. Entry into force November 16, 2022 (20 days after October 27, 2022 Official Journal publication) activated legal instrument but most provisions didn't apply until February 17, 2024, providing 15-month implementation period enabling platforms to develop compliance systems (Article 34 risk assessments, Article 35 mitigation measures, Article 16 notice-and-action mechanisms, Article 20 complaint systems, content moderation capacity, transparency reporting infrastructure), Member States to establish Digital Services Coordinators per Articles 49-50, Commission to prepare enforcement infrastructure (AGORA system, investigation procedures, audit protocols), and stakeholders to understand requirements and prepare implementation strategies. Immediate application from November 16, 2022 covered provisions necessary for early implementation: Article 24(2)(3)(6) dark pattern prohibitions and delegated acts (enabling Commission to specify prohibited manipulation patterns before general application), Article 33(3)-(6) designation procedures (enabling Commission to identify and designate VLOPs/VLOSEs leading to April 2023 first designations and August 2023 Article 92 anticipated application), Article 37(7) audit delegated acts (enabling Commission to develop audit protocols), Article 40(13) researcher access delegated acts (developing data access frameworks), Article 43 transparency reporting (establishing reporting obligations), Sections 4-5-6 Chapter IV covering Commission enforcement powers, professional secrecy, information sharing systems, delegated/implementing act procedures. Direct applicability as EU Regulation means: no national transposition legislation required unlike Directives requiring Member States to adopt implementing laws, DSA immediately creates enforceable rights and obligations in all Member States from application date, national courts must directly apply DSA provisions without awaiting national implementing legislation, conflicts between DSA and national laws resolved through EU law supremacy (DSA prevails), uniform interpretation and application across EU preventing fragmentation, binding in entirety prevents Member State opt-outs or selective application. This direct effect ensures consistent platform obligations across EU single market.
Key Points
Entry into force: November 16, 2022 (20 days after Official Journal publication October 27, 2022)
General application: February 17, 2024 (15-month implementation period after entry into force)
Immediate application from November 16, 2022: Article 24(2)(3)(6) dark pattern prohibitions, Article 33(3)-(6) designation procedures, Article 37(7) audit delegated acts, Article 40(13) researcher access delegated acts, Article 43 transparency reporting, Sections 4-5-6 Chapter IV (Commission enforcement, common provisions, delegated/implementing acts)
Binding in entirety and directly applicable in all 27 Member States
No national transposition required unlike EU Directives
DSA immediately creates rights and obligations enforceable in Member States
National courts must apply DSA provisions directly
Conflicts between DSA and national law resolved in DSA's favor (EU law supremacy)
Member States cannot opt-out or selectively apply provisions
Uniform application across EU preventing regulatory fragmentation
Implementation period enabled platforms to prepare compliance systems and Member States to establish Digital Services Coordinators
Immediate application provisions enabled Commission to begin VLOP/VLOSE designation process (first designations April 2023)
Practical Application
Implementation Timeline and Direct Applicability: DSA published Official Journal October 27, 2022. Entry into force November 16, 2022 (20 days later). Immediate effect provisions activate: Commission immediately exercises Article 33 designation authority, analyzing major platforms to identify potential VLOPs/VLOSEs exceeding 45 million monthly active EU users. Platforms voluntarily report user numbers per Article 33(3) obligation (immediately applicable). Commission develops Article 37 audit protocols and Article 40 researcher access frameworks through delegated acts during November 2022-April 2023 period. April 25, 2023 Commission issues first VLOP/VLOSE designations identifying 19 platforms. August 25, 2023 designated platforms subject to Articles 33-43 per Article 92 anticipated application. November 2022-February 2024 implementation period: Platforms build compliance infrastructure - Meta invests €500 million in risk assessment systems and content moderation capacity, Google develops researcher data access portals, TikTok establishes Article 41 compliance functions, Amazon implements Article 27 recommender system transparency, Twitter enhances Article 20 complaint mechanisms. Member States establish Digital Services Coordinators - Ireland designates Coimisiún na Meán (Media Commission) as DSC for Meta, Google, TikTok, Apple, Microsoft, LinkedIn, Twitter establishments; Germany establishes Federal Network Agency (Bundesnetzagentur) DSC functions; France designates ARCOM (Autorité de régulation de la communication audiovisuelle et numérique); each Member State creates DSC structures, hires personnel, develops enforcement procedures. Commission builds enforcement infrastructure - develops AGORA information sharing system (operational February 17, 2024 per Regulation 2024/607), adopts Commission Implementing Regulation 2023/1201 establishing investigation and hearing procedures, creates enforcement teams in DG CONNECT. February 17, 2024 general application date arrives. All intermediary service providers subject to applicable DSA provisions: hosting services comply with Articles 14-15 notice-and-action requirements, online platforms implement Articles 16-28 due diligence obligations, VLOPs/VLOSEs maintain Articles 33-43 compliance achieved August 2023. DSA direct applicability demonstrated: Belgian court adjudicates user lawsuit against platform, directly applies DSA Article 20 complaint-handling requirements without Belgian implementing legislation (none required - Regulation directly applicable). German regulatory authority enforces Article 16 notice-and-action obligations against platform, citing DSA provisions directly in enforcement decision. Irish DSC investigates Meta Article 35 compliance, applies DSA requirements as binding EU law without Irish transposition statute. French platform challenges DSC enforcement decision arguing French law inconsistency with DSA, court holds DSA prevails per EU law supremacy and direct applicability. Demonstrates direct effect: platforms operating EU-wide face uniform DSA requirements immediately applicable in all 27 Member States; users across EU can assert DSA rights in national courts; regulators enforce consistent obligations; no national implementation variations fragmenting compliance landscape; DSA achieves objective of harmonized digital services single market regulation.