Recital 28

DSA Recital 28

Where a provider of intermediary services is established in several Member States, including by way of a subsidiary or a branch, it should have one Digital Services Coordinator of establishment with a view to ensuring that supervision is effective and efficient, as well as to avoiding duplication of supervisory work. The Digital Services Coordinator of establishment should be determined by the location of the main establishment in the Union where, as a general rule, the main administration or headquarters of the provider in the Union is located. However, where that entity is not the entity making the main decisions as to the intermediary services at stake, the Digital Services Coordinator of establishment should be determined by reference to the place where such main decisions are taken or where the provider's main financial functions relating to the intermediary services at stake are performed. In order to determine the Digital Services Coordinator of establishment, the provider of intermediary services, the competent national authorities and the Commission should consider a number of consistent and objective criteria, such as the location where main strategic, management or similar decisions as to the overall provision of the services are taken, or the place where such decisions are implemented, the location of the head office or registered office, the place where terms and conditions and general policies are drafted, as well as the location of the administrative infrastructure specifically related to the intermediary services at stake, in particular for key business and operational decisions, including decisions on content moderation and, if relevant, advertising practices. Where none of those criteria reveal a preponderance indicating the Member State in which the main establishment is to be considered located, the main establishment should be deemed to be the place where the provider of intermediary services has the largest number of employees in the Union. The determination of the Digital Services Coordinator of establishment should be made in close cooperation between the relevant Digital Services Coordinators, the Commission and the provider concerned, and should be regularly reviewed, particularly in the event of a substantial change in the organisation of the provider's business, including, for example, the transfer of its headquarters or the setting up of new establishments for its intermediary services. The determination of the Digital Services Coordinator of establishment is without prejudice to the question of the applicable law, which should follow applicable Union and national rules, including those of private international law.