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Are you offering Digital Services in the EU? You might need to appoint a DSA representative to be compliant!
As the representative according to Article 13 of the Digital Services Act (DSA), we represent providers of intermediary services who do not have an establishment in the European Union, but offer their services in the EU and handle communication and coordination with the competent authorities, the European Commission and the European Board for Digital Services to ensure compliance with the provisions of the Digital Services Act.
DO YOU FALL UNDER THE SCOPE OF THE DSA?
- The DSA applies to intermediary services that are offered to recipients who have their place of establishment in or are located in the European Union.
- Intermediary Services are defined in three broad categories: conduit services, caching services and hosting services.
- "Mere conduit" services include internet exchange points, wireless access points, virtual private networks, DNS services and resolvers, top-level domain name registries, registrars, VoIP/interpersonal communication services.
- "Caching Services" include the Provision of content delivery networks, reverse proxies, content adaptation proxies. These services are aimed towards a better performance for the transmission of information.
- "Hosting services" include cloud computing, web hosting, paid referncing services or services enabling sharing infromation and content online, including file storage and sharing.
The obligation to appoint a legal representative in the European Union comes into play on the 17th of February. After this point, failure to appoint a legal representative is considered a breach of the DSA. Our service is essential for the communication with Member States’ competent authorities, the Commission, and the European Board for Digital Services, ensuring your compliance with enforcement decisions.
OUR DSA REPRESENTATIVE SERVICE
- We act as your designated DSA Representative, compliant with the DSA.
- As your electronic point of contact according to Art. 11 DSA, we make sure that incoming mail or e-mail is sent to you in a timely fashion.
- As your Legal Representatives, we will cooperate with the public authorities in an efficient and timely manner.
- We can help you with responses to authorities.
- Our team of lawyers is experienced in dealing with public authorities, from years of experience within the system of the GDPR.
- You get privileged access to our team of experts via our helpline.
- You get special rates for additional services relating to the DSA.
We will ensure that our legal representative service functions efficiently, streamlining interactions with public authorities and maintaining compliance transparency. With the legal representative potentially liable for non-compliance, we have a vested interest in ensuring that obligations under the DSA are met diligently, thus protecting both the legal representative and the service provider.
OUR THREE STEP APPROACH TO APPOINTMENT
FILL OUT THE ENQUIRY FORM TO REGISTER YOUR INTEREST
WE WILL SEND YOU THE AGREEMENTS TO SIGN & RETURN
YOU RECEIVE A COUNTERSIGNED AGREEMENT
Additionally, we can offer you clear instructions on everything you need to do to become compliant.
Not sure if you require a Legal Representative under the DSA? Please feel free to contact us at DSA-rep@rickert.law.
Our service ensures that your business not only adheres to the DSA but also leverages compliance as a competitive advantage in the EU digital market. With us, you gain a partner committed to navigating the regulatory landscape, allowing you to focus on growth and innovation.
Embrace the future of digital services in the EU with confidence. Contact us for a consultation and take the first step towards seamless DSA compliance. Together, we can turn regulatory challenges into opportunities for your business.
For a comprehensive overview of our plans covering organisational size and service, please fill out our enquiry form.
Frequently Asked Questions
The DSA applies to many types of digital services, like online platforms and online search engines, which it calls “intermediary services” that are offered to recipients of that service (your customers), who are located in the European Union, even you have no establishment in the EU.
An intermediary service can be a mere conduit service (transmission of data), a caching service (transmission, storage of data, to make transmission more efficient), or a hosting service (e.g. online platforms, where the information is provided by the users). Search engines fall under the scope of an intermediary service, too.
To appoint us as your Legal representative, we must agree on the terms and conditions of our cooperation. Additionally, the providers of intermediary services must notify the Digital Services Coordinator in the Member State where the legal representative resides or is established. In that notification, the providers of such services must inform the Coordinator about the name, postal address, email address and telephone number of their legal representative.
The DSA Representative must be based in the EU. As a result, as of February 17th, 2024, Digital Service providers that are not located in the EU need an EU representative.
It is important to understand the severe penalties for non-compliance with the DSA, which include fines of up to 6% of annual worldwide turnover. Decisions can be made public by the authorities as well. The DSA’s obligation to appoint a legal representative applies to all providers of intermediary services, regardless of their size or annual turnover. Our services cater to SMEs and large enterprises alike. We believe in providing equitable support to ensure every business can navigate the DSA’s complexities.
INTERESTED?
Please contact us at
Or fill out the form to register your interest. Once received, our team will be in touch to discuss which service is best suited to your needs.
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