The Digital Services Act employs a tiered regulatory system. Based on this approach, all intermediary services are subject to the ‘general obligations’ set out in Articles 11 to 15 of the DSA. Depending on the type and scope of the service, additional obligations apply.
The following sections highlight the most important requirements, such as central contact points for authorities and users, the need for providers without an EU establishment to appoint a legal representative, and transparency and user-friendliness provisions in content moderation.
Overview of General DSA Due Diligence Obligations
Central Contact Point for Authorities
The establishment of a central contact point in accordance with Article 11 DSA is mandatory for operators of digital intermediary services, such as domain registrars, registries, or cloud providers. This serves to ensure smooth and efficient communication with the competent authorities of the EU member states, enabling supervisory authorities to quickly reach the company in case of questions regarding DSA compliance while also facilitating compliance processes. For companies wishing to expand in the EU, this regulation provides a harmonized framework instead of different national requirements, which reduces coordination efforts and makes cross-border service provision more efficient. It is essential that the contact points are easily accessible on the company’s website and always contain up-to-date information. As a single point of contact for official inquiries under the DSA, the contact point enables direct and immediate communication to simplify compliance. The contact point must be accessible electronically (e.g., by email or contact form), eliminating the need for physical locations or postal contact options. In addition, support for at least two languages is required: a language that is understood throughout the EU (e.g., English) and an official language of the Member State in which the company or its representative (in accordance with Art. 13 DSA) is based.
Central Contact Point for Users
Furthermore, you are obliged to pursuant to Art. 12 DSA to set up a central contact point for users. This is intended exclusively for commercial communication with your contractual partners in order to process inquiries regarding contracts, services, or general business relationships quickly and easily. It is important to note that this contact point is not intended for reports of illegal content by third parties; separate procedures apply for this, as regulated in Art. 16 DSA for hosting services, for example.
The requirements for implementation include electronic accessibility via digital channels such as email, contact forms, or chat functions. Automated tools (e.g., pure chatbots) are not permitted; users must be able to interact with a real person at all times. In addition, flexible means of communication and easy findability should be ensured by allowing users to choose their preferred medium (e.g., email instead of a form). It must be ensured that at least two languages are supported: an official language of your country of residence and either a language understood throughout the EU, such as English, or the language of the contractual agreements (e.g., the language of your terms and conditions). With regard to resource planning, the contact point’s human and technical resources should be adapted to the size of your company, or external service providers should be used.
Transparent General Terms and Conditions
Art. 14 DSA aims to increase transparency towards users and prevent unfair or arbitrary decisions in content moderation. It regulates the contractual relationship between providers and users, in particular the drafting and use of general terms and conditions (GTC), without affecting freedom of contract. These requirements apply to all providers of intermediary services, including hosting, pure conduit services, and caching. The term “user” in the DSA is comprehensive and includes both consumers and entrepreneurs.
Providers must ensure that their users receive clear and understandable information about content moderation, including the predictability and traceability of the procedures applied. Art. 14 DSA supplements existing regulations and therefore affects all users, including commercial users. The Terms and Conditions form the central basis of content moderation, and it is essential that the fundamental rights and interests of users are taken into account in their application and enforcement. A transparent and user-friendly design of processes strengthens user trust and is crucial for a successful and legally secure future for digital intermediary services. By carefully designing their terms and conditions and transparently communicating their content moderation policies, companies can make the most of the opportunities offered by Art. 14 DSA and create clarity for their users.
Legal Representative
Providers of digital intermediation services without an EU establishment but operating in the EU must appoint a legal representative in an EU member state. This representative serves as the point of contact for EU authorities with regard to compliance with and enforcement of the DSA. The service providers concerned must provide this representative with the necessary resources, report their contact details, and keep them publicly available. It is important to note that the appointment of such a representative does not constitute an EU establishment. Further information on the legal representative and their appointment can be found at our subsidiary.
Transparency Reporting Obligations
In accordance with Article 15 of the DSA, providers of digital intermediary services must publish a transparency report in a machine-readable format at least once a year. This report must be easily accessible and written in clear, understandable language. Depending on the service, various graduated transparency obligations are in place, requiring regular reports on content moderation and the measures taken.
Overview: General Obligations
| Obligations | Description | Legal Basis DSA |
|---|---|---|
| Central Point of Contact for Authorities and Users | Designation and publication of a central electronic point of contact for users and authorities. | Art. 11, 12 DSA |
| Legal Representative | Appointment of a legal representative in the EU if no registered office is located in the EU. | Art. 13 DSA |
| Transparent Terms and Conditions | Terms and conditions must be clear, understandable, and user-friendly; information on guidelines, procedures, and measures for moderating content is mandatory. | Art. 14 DSA |
| Annual Transparency Report | Publication of an annual, publicly accessible report on moderation measures and the handling of illegal content (exception: micro and small enterprises). | Art. 15 DSA |
Consulting and Information on DSA Compliance
GDPR stands for: General Data Protection Regulation and refers to the basic data protection regulation which has been directly applicable in all EU member states since 25.05.2018. We would like to briefly highlight the essential aspects of the new regulations for you and present our consulting approach.