by Laura Knoke, Lutz Riede, Tobias Timmann, Janet Kim, Tristan Lockwood, Luca Mischensky, and Juliana Heer
Top Left to Right: Laura Knoke, Lutz Riede, Tobias Timmann, and Janet H. Kim. Bottom Left to Right: Tristan Lockwood, Luca Mischensky, and Juliana Heer (photos courtesy of Freshfields Bruckhaus Deringer LLP)
The Digital Services Act (DSA) empowers both the European Commission (Commission) and Member State Digital Services Coordinators (DSCs) to take tough enforcement action against non-compliance. Since DSA obligations became fully applicable for most very large online platforms (VLOPs) and very large online search engines (VLOSEs) in August 2023, compliance has been at the top of the Commission’s regulatory agenda. With enforcement action continuing to ramp up over the past year, and obligations for all other intermediary services coming into force in February 2024, it is vital for service providers subject to the DSA to be familiar with the DSA’s different enforcement mechanisms and areas of focus. The enforcement landscape is one that is further complicated by the ability of private parties, such as service users and consumer protection organisations, to bring private actions to facilitate DSA compliance.