The Digital Services Act (DSA, Regulation (EU) 2022/2065) became fully applicable on 17 February 2024 and establishes uniform EU rules for intermediary services — hosting providers, online platforms, and search engines. Core obligations: notice-and-action mechanism (Art. 16), transparent terms and recommender systems (Arts. 14, 27), user right to complain (Art. 20), out-of-court dispute settlement (Art. 21). Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) with ≥ 45 million EU users have additional obligations: systemic risk assessment (Art. 34), independent audits (Art. 37), crisis response mechanisms (Art. 36). Penalties: up to 6 % of global annual turnover (Art. 52). Germany implements the DSA via the Digital Services Act (Digitale-Dienste-Gesetz, DDG) of 6 May 2024 — supervised by the Federal Network Agency (Bundesnetzagentur) acting as Digital Services Coordinator.
| Item | Value |
|---|---|
| Legal Basis | Regulation (EU) 2022/2065 of 19 October 2022 |
| Fully Applicable Since | 17 February 2024 |
| Applicable to VLOPs/VLOSEs Since | 25 August 2023 (early start) |
| Germany's Implementing Act | Digitale-Dienste-Gesetz (DDG) of 6 May 2024 |
| Germany's Digital Services Coordinator | Federal Network Agency (Bundesnetzagentur) |
| Scope | Intermediary services with EU users |
| Extraterritorial | Yes – non-EU providers must appoint legal representative [Art. 13] |
| Notice-and-Action Mechanism | Mandatory for hosting providers [Art. 16] |
| Response Time to Government Orders | Without undue delay [Arts. 9, 10] |
| Users' Right to Appeal Content Moderation | At least 6 months from decision [Art. 20] |
| Out-of-Court Dispute Settlement | Certified bodies, free for user [Art. 21] |
| Labelling of Paid Content | Mandatory [Art. 26] |
| Ad Transparency Register | VLOPs must maintain [Art. 39] |
| Recommender System Transparency | Mandatory [Art. 27] |
| VLOP/VLOSE Threshold | ≥ 45 million average monthly EU users [Art. 33] |
| VLOP Systemic Risk Assessment | Annual [Art. 34] |
| VLOP Independent Audits | Annual [Art. 37] |
| Maximum Fine | Up to 6 % of global annual turnover [Art. 52(3)] |
| Periodic Penalty Payment | Up to 5 % of global daily turnover [Art. 52(4)] |
| Jurisdiction for VLOP Claims | Establishment of the VLOP (typically Ireland/NL) |
The DSA applies to intermediary services in four categories:
Micro and small enterprises (< 50 employees, < €10 million turnover) are exempt from some additional obligations for online platforms (Art. 19) but must comply with base obligations.
The European Commission has currently designated 19 VLOPs and 2 VLOSEs:
VLOPs: Alibaba AliExpress, Amazon Store, Apple App Store, Booking.com, Facebook, Google Play, Google Maps, Google Shopping, Instagram, LinkedIn, Pinterest, Snapchat, TikTok, Wikipedia, X (Twitter), YouTube, Zalando, Temu, Shein
VLOSEs: Google Search, Bing
All must publish annual risk assessments, audits, and transparency reports.
Right 1 — Reporting illegal content (Art. 16) Any user can report illegal content (hate speech, copyright infringement, illegal products). The platform must decide promptly and provide reasoning.
Right 2 — Appeal against moderation decisions (Art. 20) If content is removed or an account is suspended, the affected party can lodge an appeal within 6 months. Platforms must operate an internal complaint system.
Right 3 — Out-of-court dispute settlement (Art. 21) If the appeal is unsuccessful, the user can invoke a certified dispute settlement body. Free of charge for successful complaints.
Right 4 — Judicial action Always available, independent of the complaint procedure.
Right 5 — Freedom of choice on recommender systems (Art. 27, 38 for VLOPs) VLOPs must offer a non-profiling-based alternative (e.g., chronological timeline instead of algorithmic).
Right 6 — Advertising transparency (Art. 26) Users see for each ad: who commissioned it, why it is shown, based on which criteria. VLOPs additionally maintain a public ad transparency register.
1. On the platform, look for the notice-and-action button (usually "Report" on posts). Art. 16 mandates easy accessibility.
2. Provide grounds (category, reasoning, location).
3. Receive confirmation — the platform must acknowledge receipt.
4. Await decision — within a reasonable time (typically 24-72 hours in practice).
5. In case of inaction or wrong decision: internal appeal (Art. 20), then out-of-court (Art. 21).
6. Authority report to Bundesnetzagentur for systematic non-action.