All DSA Articles

Browse all 93 articles of the Digital Services Act, organized by chapter.

Chapter 1: General Provisions

Establishes the scope, objectives, and key definitions of the Digital Services Act, including what services are covered and fundamental concepts like intermediary services, illegal content, and active recipients.

  • Article 1: Subject matter

    Article 1 establishes the Digital Services Act's foundational objectives: creating a harmonised regulatory framework for intermediary services across the EU internal market that ensures a safe, predictable, and trusted online environment while protecting fundamental rights and facilitating innovation

  • Article 2: Scope

    Article 2 defines the Digital Services Act's territorial and material scope, establishing that the regulation applies to intermediary services offered to EU users regardless of provider location, based on substantial connection to the Union, while exempting micro and small enterprises operating solely within one Member State

  • Article 3: Definitions

    Article 3 provides comprehensive definitions of 26 key terms fundamental to the Digital Services Act's application, establishing technical and legal meanings for concepts including intermediary services (mere conduit, caching, hosting), online platforms, Very Large Online Platforms and Search Engines, illegal content, content moderation, recommender systems, and active recipients

Chapter 2: Liability of Providers of Intermediary Services

Establishes liability exemptions for intermediary service providers and prohibits general monitoring obligations, while setting conditions for these exemptions and clarifying when providers may lose protection.

Chapter 3: Due Diligence Obligations for a Transparent and Safe Online Environment

Sets out obligations for all intermediary services, with additional requirements for hosting services, online platforms, and very large online platforms to ensure transparency, accountability, and user protection.

  • Article 11: Points of contact for Member State authorities, the Commission and the Board

    Article 11 of DSA Chapter III Section 1 - requires providers to designate points of contact for authorities

  • Article 12: Points of contact for recipients of the service

    Article 12 of DSA Chapter III Section 1 - requires providers to enable users to contact them directly

  • Article 13: Legal representatives

    Article 13 of DSA Chapter III Section 1 - requires non-EU providers to designate legal representatives in the Union

  • Article 14: Terms and conditions

    Article 14 of DSA Chapter III Section 1 - requires providers to have clear, accessible terms and conditions including content moderation policies

  • Article 15: Transparency reporting obligations for providers of intermediary services

    Article 15 of DSA Chapter III Section 1 - requires all intermediary services to publish annual transparency reports

  • Article 16: Notice and action mechanisms

    Article 16 of DSA Chapter III Section 2 - THE CRITICAL provision establishing standardized mechanisms for users to report illegal content to hosting providers

  • Article 17: Statement of reasons

    Article 17 of DSA Chapter III Section 2 - requires hosting providers to explain content moderation decisions to affected users

  • Article 18: Notification of suspicions of criminal offences

    Article 18 of DSA Chapter III Section 2 - requires hosting providers to notify law enforcement when they suspect serious criminal offences threatening life or safety

  • Article 19: Exclusion for micro and small enterprises

    Article 19 of DSA Chapter III Section 3 - exempts micro and small platforms from most platform-specific obligations to reduce compliance burden

  • Article 20: Internal complaint-handling system

    Article 20 of DSA Chapter III Section 3 - THE CRITICAL provision requiring platforms to provide appeals mechanisms for content moderation decisions

  • Article 21: Out-of-court dispute settlement

    Article 21 of DSA Chapter III Section 3 - establishes independent, certified bodies to resolve disputes between users and platforms when internal appeals fail

  • Article 22: Trusted flaggers

    Article 22 of DSA Chapter III Section 3 - creates status for expert entities whose illegal content reports receive priority processing by platforms

  • Article 23: Measures against misuse

    Article 23 of DSA Chapter III Section 3 - authorizes platforms to suspend abusive users who repeatedly post illegal content or file frivolous complaints

  • Article 24: Additional transparency reporting obligations for providers of online platforms

    Article 24 of DSA Chapter III Section 3 - requires platforms to report user numbers, dispute statistics, and content moderation decisions to enable VLOP designation and public accountability

  • Article 25: Online interface design and organisation

    Article 25 of DSA Chapter III Section 3 - THE anti-dark patterns provision prohibiting deceptive or manipulative interface design that impairs users' free and informed decisions

  • Article 26: Advertising transparency

    Article 26 of DSA Chapter III Section 3 - requires platforms to clearly label ads, identify advertisers and payers, explain targeting parameters, and prohibits profiling using sensitive personal data

  • Article 27: Recommender systems

    Article 27 of DSA Chapter III Section 3 - requires platforms to disclose recommendation algorithm parameters, explain their significance, and provide users with alternative non-personalized options

  • Article 28: Online protection of minors

    Article 28 of DSA Chapter III Section 3 - requires platforms accessible to minors to implement appropriate privacy, safety, and security measures, and prohibits targeted advertising to minors

  • Article 29: Exclusion for micro and small enterprises

    Article 29 of DSA Chapter III Section 4 - exempts micro and small marketplace platforms from trader verification obligations unless designated as VLOPs

  • Article 30: Traceability of traders

    Article 30 of DSA Chapter III Section 4 - requires marketplaces to verify trader identities and information before allowing sales, the 'Know Your Business Customer' provision

  • Article 31: Compliance by design for online marketplaces

    Article 31 of DSA Chapter III Section 4 - requires marketplaces to design systems helping traders identify illegal products and comply with EU product safety and consumer protection laws

  • Article 32: Database for marketplace compliance information

    Article 32 of DSA Chapter III Section 4 - requires Commission to establish EU-wide database where marketplaces submit trader verification information for cross-platform enforcement

  • Article 33: Very large online platforms and very large online search engines

    Article 33 of DSA Chapter III Section 5 - defines VLOPs/VLOSEs as platforms with 45+ million monthly EU users, triggering heightened obligations in Articles 34-43

  • Article 34: Risk assessment

    Article 34 of DSA Chapter III Section 5 - requires VLOPs/VLOSEs to conduct annual systemic risk assessments analyzing impacts on illegal content, fundamental rights, elections, public health, and minors

  • Article 35: Risk mitigation

    Article 35 of DSA Chapter III Section 5 - requires VLOPs/VLOSEs to implement reasonable, proportionate, effective mitigation measures addressing systemic risks identified in Article 34 assessments

  • Article 36: Independent audit

    Article 36 of DSA Chapter III Section 5 - requires VLOPs/VLOSEs to undergo annual independent audits verifying compliance with Articles 34-35 and other DSA obligations

  • Article 37: Audit report

    Article 37 of DSA Chapter III Section 5 - requires audit reports to be submitted to platform's Digital Services Coordinator and Commission, with public summary publication

  • Article 38: Recommendations issued by the Commission

    Article 38 of DSA Chapter III Section 5 - empowers Commission to issue non-binding recommendations to VLOPs/VLOSEs on applying DSA obligations based on audit findings and risk assessments

  • Article 39: Online interface design and organisation

    Article 39 of DSA Chapter III Section 5 - prohibits VLOPs/VLOSEs from designing, organizing or operating online interfaces in ways that deceive, manipulate users, or materially distort user autonomy and choice (anti-dark patterns provision)

  • Article 40: Mitigation of risks arising from the design of recommender systems

    Article 40 of DSA Chapter III Section 5 - requires VLOPs/VLOSEs using recommender systems to provide at least one option not based on profiling, accessible through user-friendly interface with clear information

  • Article 41: Advertising transparency

    Article 41 of DSA Chapter III Section 5 requires VLOPs/VLOSEs to establish and maintain comprehensive, publicly accessible, searchable advertising repositories containing all advertisements displayed on their platforms, with detailed metadata retained for at least one year, enabling unprecedented public scrutiny of online advertising ecosystems.

  • Article 42: Data access and scrutiny

    Article 42 of DSA Chapter III Section 5 establishes framework for VLOPs/VLOSEs to provide data access to regulators and vetted researchers, enabling independent scrutiny of algorithmic systems, content moderation practices, and systemic risks that were previously opaque, transforming platform oversight from trust-based to evidence-based.

  • Article 43: Supervisory fee

    Article 43 of DSA Chapter III Section 5 establishes annual supervisory fees charged by the Commission to VLOPs/VLOSEs to cover EU-level supervision costs, calculated proportionate to platform size (average monthly active recipients) with cap at 0.05% of annual worldwide net income, creating sustainable funding for regulatory oversight while facing legal challenges regarding calculation methodology.

  • Article 44: Standards

    Article 44 of DSA Chapter III Section 5 requires the Commission to support development and implementation of voluntary European and international standards covering key DSA compliance areas including electronic submissions, user communications, APIs, auditing, and advertisement repository interoperability, facilitating standardized technical implementation.

  • Article 45: Codes of conduct

    Article 45 of DSA Chapter III Section 5 encourages Commission and Board to facilitate voluntary codes of conduct addressing DSA compliance areas, creating flexible co-regulatory mechanisms that allow industry self-regulation within legal framework, though with de facto binding effects for VLOPs through risk mitigation obligations.

  • Article 46: Codes of conduct for online advertising

    Article 46 of DSA Chapter III Section 5 requires Commission to encourage and facilitate voluntary codes of conduct addressing advertising transparency across the online advertising value chain, with mandatory deadlines of February 18, 2025 for development and August 18, 2025 for application.

  • Article 47: Codes of conduct for accessibility

    Article 47 of DSA Chapter III Section 5 requires Commission to encourage voluntary codes of conduct promoting accessibility for persons with disabilities in online platforms, with February 18, 2025 development deadline and August 18, 2025 application deadline, though criticized for making accessibility voluntary rather than mandatory.

  • Article 48: Crisis protocols

    Article 48 of DSA Chapter III Section 5 enables Board to recommend voluntary crisis protocols for extraordinary circumstances affecting public security or public health, allowing coordinated platform responses during emergencies while raising concerns about potential restrictions on freedom of expression and information access.

Chapter 4: Implementation, Cooperation, Sanctions and Enforcement

Establishes the governance structure including Digital Services Coordinators, the European Board for Digital Services, enforcement powers, penalties, and cooperation mechanisms for cross-border supervision.

  • Article 49: Competent authorities and Digital Services Coordinators

    Article 49 of DSA Chapter IV Section 1 requires each Member State to designate competent authorities for DSA supervision with one designated as Digital Services Coordinator serving as primary national authority responsible for enforcement and coordination, establishing national regulatory architecture.

  • Article 50: Requirements for Digital Services Coordinators

    Article 50 of DSA Chapter IV Section 1 establishes requirements ensuring Digital Services Coordinators have independence, adequate resources, and necessary powers to perform supervisory functions effectively, protecting regulatory independence from political and commercial influence.

  • Article 51: Powers of Digital Services Coordinators

    Article 51 of DSA Chapter IV Section 1 - establishes comprehensive investigative and enforcement powers for Digital Services Coordinators including information requests, inspections, fines, periodic penalties, and extraordinary access restriction for serious harms

  • Article 52: Penalties

    Article 52 of DSA Chapter IV Section 1 - establishes penalty framework with maximum fines of 6% of global turnover for DSA violations, 1% for procedural violations, and 5% daily for periodic penalties, requiring effectiveness, proportionality and dissuasiveness

  • Article 53: Right to lodge a complaint

    Article 53 of DSA Chapter IV Section 2 - grants users and representative organizations the right to lodge complaints with Digital Services Coordinators alleging DSA violations, with coordinated assessment and transmission mechanisms

  • Article 54: Compensation

    Article 54 of DSA Chapter IV Section 2 - establishes right for service recipients to seek compensation through national courts for damages suffered due to provider DSA violations, enabling private enforcement alongside public regulatory action

  • Article 55: Activity reports

    Article 55 of DSA Chapter IV Section 2 - requires Digital Services Coordinators to publish annual activity reports in machine-readable format covering enforcement actions, complaints received, orders issued, creating transparency and accountability for national DSA enforcement

  • Article 56: Competences

    Article 56 of DSA Chapter IV Section 3 - establishes jurisdictional framework allocating enforcement competences between Member States (country of origin principle) and Commission (exclusive VLOP/VLOSE Section 5 supervision, concurrent other provisions), ensuring coordinated EU-wide enforcement while preventing regulatory fragmentation

  • Article 57: Mutual assistance

    Article 57 of DSA Chapter IV Section 3 - establishes mutual assistance framework enabling DSCs and Commission to cooperate through information exchange, investigative assistance, and coordinated enforcement, operationalizing country of origin principle while ensuring cross-border user protection

  • Article 58: Cross-border cooperation among Digital Services Coordinators

    Article 58 of DSA Chapter IV Section 3 - enables destination DSCs to formally request establishment DSCs investigate and enforce DSA violations affecting users in their Member States, with Board-mediated multi-DSC requests for cross-border issues and mandatory response requirements

  • Article 59: Referral to the Commission

    Article 59 of DSA Chapter IV Section 3 - enables Board to escalate cross-border enforcement disputes to Commission when establishment DSCs fail to respond adequately to Article 58 requests, with Commission review powers and authority to request DSC reconsideration

  • Article 60: Joint investigations

    Article 60 of DSA Chapter IV Section 3 - enables establishment DSC to launch and lead joint investigations with destination DSCs to investigate cross-border DSA violations, pooling investigative resources and expertise across Member States

  • Article 61: European Board for Digital Services

    Article 61 of DSA Chapter IV Section 4 - establishes the European Board for Digital Services as independent advisory group of DSCs to ensure consistent DSA application, coordinate guidance on emerging issues, and assist Commission in VLOP/VLOSE supervision

  • Article 62: Structure of the Board

    Article 62 of DSA Chapter IV Section 4 - defines Board composition (DSCs represented by high-level officials), Commission chair role, one-vote-per-Member-State system, simple majority decision-making, and administrative support arrangements

  • Article 63: Tasks of the Board

    Article 63 of DSA Chapter IV Section 4 - defines Board's tasks including issuing opinions and recommendations to DSCs and Commission, supporting VLOP/VLOSE supervision, coordinating cross-border cooperation, and developing European standards and guidance for consistent DSA implementation

  • Article 64: Development of expertise and capabilities

    Article 64 of DSA Chapter IV Section 5 - establishes Commission's role in developing EU-wide expertise and capabilities for DSA enforcement, coordinating assessment of systemic issues, and facilitating Member State cooperation through personnel secondment and knowledge sharing

  • Article 65: Enforcement of obligations of providers of very large online platforms and of very large online search engines

    Article 65 of DSA Chapter IV Section 4 - establishes Commission's authority to investigate VLOP/VLOSE compliance even before formal proceedings, enabling both proactive Commission investigations and DSC-triggered enforcement requests when national authorities suspect violations affecting their users

  • Article 66: Initiation of proceedings by the Commission and cooperation in investigation

    Article 66 of DSA Chapter IV Section 4 - establishes procedures for Commission to formally initiate enforcement proceedings against VLOPs/VLOSEs, requiring notification to DSCs and Board, mandating DSC cooperation and information sharing, and preventing parallel national enforcement on same conduct

  • Article 67: Requests for information

    Article 67 of DSA Chapter IV Section 4 - grants Commission authority to compel information from VLOPs/VLOSEs and third parties through simple requests or binding decisions, with penalties for non-compliance, incorrect, or misleading responses

  • Article 68: Power to take interviews and statements

    Article 68 of DSA Chapter IV Section 4 - grants Commission authority to conduct voluntary interviews with any person for gathering investigation information, with power to record interviews and DSC participation when interviews occur outside Commission premises

  • Article 69: Power to conduct inspections

    Article 69 of DSA Chapter IV Section 4 - grants Commission most intrusive investigatory power to conduct on-site inspections of VLOP premises, examining records, IT systems, and algorithms, with power to seal premises and Member State assistance obligations

  • Article 70: Interim measures

    Article 70 of DSA Chapter IV Section 4 - enables Commission to order temporary corrective measures during ongoing investigations when urgent action needed to prevent serious harm, based on prima facie infringement finding

  • Article 71: Commitments

    Establishes the legal framework allowing the European Commission to accept and make binding commitments offered by VLOPs and VLOSEs to ensure DSA compliance during enforcement proceedings, providing an alternative resolution mechanism that can terminate investigations when commitments adequately address identified violations.

  • Article 72: Monitoring actions

    Empowers the European Commission to conduct ongoing monitoring of VLOPs and VLOSEs to ensure effective implementation and compliance with DSA obligations, including authority to access databases and algorithms, retain documents, and appoint independent external experts and auditors to provide specialized technical expertise supporting enforcement activities.

  • Article 73: Non-compliance

    Establishes the Commission's authority to adopt formal non-compliance decisions when VLOPs or VLOSEs violate DSA obligations, fail to implement interim measures, or breach binding commitments, creating the definitive legal determination triggering potential fines, periodic penalties, and mandatory remediation requirements.

  • Article 74: Fines

    Empowers the European Commission to impose financial penalties up to 6% of worldwide annual turnover on VLOPs and VLOSEs for intentional or negligent violations of DSA obligations, interim measures, or binding commitments, with lower 1% ceiling for procedural infractions, creating powerful deterrent enforcing compliance through significant economic consequences.

  • Article 75: Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III

    Establishes enhanced supervision mechanism requiring VLOPs/VLOSEs found non-compliant with Section 5 obligations to develop detailed action plans for remediation, subject to Commission approval and ongoing monitoring, creating structured compliance pathway with Board consultation ensuring systematic violation correction.

  • Article 76: Periodic penalty payments

    Authorizes Commission to impose daily penalty payments up to 5% average daily worldwide turnover compelling VLOPs/VLOSEs to comply with information requests, inspections, interim measures, commitments, and remediation decisions, creating escalating economic pressure forcing compliance with enforcement orders.

  • Article 77: Limitation period for the imposition of penalties

    Establishes 5-year limitation period for Commission to impose Article 74 fines and Article 76 periodic penalties, with provisions for commencement, interruptions through investigative actions, suspensions during litigation, and maximum 10-year cap

  • Article 78: Limitation period for the enforcement of penalties

    Establishes 5-year limitation period for Commission to enforce penalty decisions after they become final, with interruptions through enforcement actions and suspensions during payment extensions or court stays

  • Article 79: Right to be heard and access to the file

    Establishes procedural rights requiring Commission to provide providers opportunity to be heard on preliminary findings and intended measures before adopting penalty decisions, with access to Commission files subject to confidentiality protections

  • Article 80: Publication of decisions

    Requires Commission to publish enforcement decisions (interim measures, commitments, non-compliance, fines, periodic penalties) stating party names and main content including penalties, while protecting confidential information

  • Article 81: Review by the Court of Justice of the European Union

    Establishes Court of Justice unlimited jurisdiction to review Commission penalty decisions per TFEU Article 261, enabling the Court to cancel, reduce, or increase fines and periodic penalties imposed on very large online platforms and search engines

  • Article 82: Requests for access restrictions and cooperation with national courts

    Enables Commission to request Digital Services Coordinators assess access restriction measures when all enforcement powers exhausted and serious harm persists, establishes Commission participation in national court proceedings, and prevents national court decisions contradicting Commission decisions

  • Article 83: Implementing acts relating to Commission intervention

    Authorizes Commission to adopt implementing acts establishing practical and operational arrangements for proceedings under Articles 69 and 72, hearings under Article 79, and information disclosure under Article 79, with mandatory public consultation and Digital Services Committee advisory procedure

  • Article 84: Professional secrecy

    Establishes comprehensive professional secrecy obligations prohibiting Commission, Board, Member State authorities, and all persons involved in DSA enforcement from disclosing information acquired or exchanged under the Regulation, protecting confidential information while preserving authorized information exchange

  • Article 85: Information sharing system

    Requires Commission to establish and maintain AGORA, a reliable and secure information sharing system for communications between Digital Services Coordinators, Commission, and Board

  • Article 86: Representation

    Enables service recipients to mandate not-for-profit bodies, organizations, or associations to exercise DSA rights on their behalf, with platforms required to prioritize complaint processing from qualifying representative entities, addressing individual users' resource constraints

  • Article 87: Exercise of the delegation

    Establishes procedures for Commission's exercise of delegated act powers under Articles 24, 33, 37, 40, 43, including 5-year renewable delegation period starting November 16 2022, revocation rights for Parliament and Council, mandatory expert consultation, and 3-month objection procedures

  • Article 88: Committee procedure

    Establishes Digital Services Committee to assist Commission in adopting implementing acts, operating under Regulation (EU) No 182/2011 advisory procedure with Member State representatives providing expert input

Chapter 5: Final Provisions

Contains the concluding provisions including delegated acts, implementing acts, review mechanisms, relationship with other EU legislation, transitional arrangements, and entry into force dates.

  • Article 89: Amendments to Directive 2000/31/EC

    Deletes Articles 12-15 of E-Commerce Directive 2000/31/EC establishing liability exemptions and no general monitoring obligation, with references to deleted articles redirected to corresponding DSA Articles 4, 5, 6, 8, modernizing 2000-era framework while maintaining substantive protections

  • Article 90: Amendment to Directive (EU) 2020/1828

    Adds DSA to Annex I of Representative Actions Directive 2020/1828, enabling qualified entities to bring representative actions in national courts for DSA violations affecting multiple consumers, complementing administrative enforcement with collective judicial redress mechanisms

  • Article 91: Review

    Establishes Commission review and evaluation obligations with multiple deadlines: November 2025 for Article 33 designation review, February 2027 for SME impact and Board functioning assessment, November 2027 and every 5 years thereafter for comprehensive DSA evaluation with potential amendment proposals

  • Article 92: Anticipated application to providers of very large online platforms and of very large online search engines

    Establishes early DSA application for designated VLOPs/VLOSEs from 4 months after designation notification if earlier than February 17, 2024 general application date, enabling phased implementation starting with largest platforms

  • Article 93: Entry into force and application

    Establishes DSA entry into force November 16, 2022 (20 days after Official Journal publication), general application from February 17, 2024, with certain provisions applicable immediately from entry into force, and confirms binding nature in all Member States without requiring national transposition