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Running commentary · living document · revised 16 October 2026

DSA

Regulation (EU) 2022/2065 on a Single Market For Digital Services, the Digital Services Act. What it does, how obligations add up by type of service, how it is enforced and a note on each of its 93 articles, with the full text. The full article-by-article commentary is in Czech.

TL;DR

The DSA harmonises the rules for intermediary services across the Union and also reaches providers established outside it that offer services in the Union. It keeps the conditional liability exemptions of the e-Commerce Directive and adds due diligence obligations that add up tier by tier: all intermediaries, hosting, online platforms, online marketplaces and finally very large platforms and search engines with on average at least 45 million monthly active recipients in the Union, which assess and mitigate systemic risks. The Commission supervises the latter, the Digital Services Coordinator of the Member State of establishment the others; in Czechia that is the Czech Telecommunication Office. Fines reach 6% of worldwide annual turnover. The Regulation applies generally from 17 February 2024.

What the Regulation is about

The DSA is a directly applicable regulation that fully harmonises the rules for intermediary services. It does not itself say what is illegal; other Union or national law does. It regulates the procedures by which providers deal with illegal content: notice and action, a statement of reasons for every restriction, internal complaint handling and out-of-court dispute settlement. It imposes no general obligation to monitor content.

The strictest tier targets very large online platforms and search engines. Every year they assess systemic risks, from the dissemination of illegal content through effects on fundamental rights and elections to the protection of minors and public health, mitigate them, undergo an independent audit, keep a public advertisement repository and give data access to vetted researchers. The Commission list of 6 October 2026 contains 25 very large online platforms and three very large online search engines.

Enforcement runs on two tracks. The systemic-risk obligations of very large services are enforced exclusively by the Commission, other obligations by the Member State of the provider's main establishment. By 31 August 2026 the Commission had adopted three non-compliance decisions with fines, against X, Temu and AliExpress, and accepted commitments in other proceedings. Together with the Digital Markets Act, the DSA forms what the Commission calls the twin pillars of the EU digital rulebook.

Key parameters

15 Dec 2020

Commission proposal COM(2020) 825 final, together with the proposal for the Digital Markets Act.

19 Oct 2022

Adoption of the Regulation, published in the Official Journal on 27 October 2022 (OJ L 277, p. 1).

16 Nov 2022

Entry into force. From this date the rules on publishing user numbers, designating very large services, the supervisory fee and Commission supervision apply (Article 93(2)).

25 Apr 2023

The Commission designated the first 17 very large online platforms and 2 very large search engines. The Regulation applied to them four months after notification of the designation (Article 92).

17 Feb 2024

General application. Member States had to designate Digital Services Coordinators; the European Board for Digital Services started operating.

5 Dec 2025

First non-compliance decision and first fine, EUR 120 million for X.

fines

At most 6% of worldwide annual turnover, at most 1% for incorrect information or refusal to submit to an inspection, periodic penalty payments of at most 5% of average daily turnover (Articles 52 and 74 to 76).

Case law in a nutshell

Decisions interpreting the DSA or its predecessor, one sentence each, with links to the primary sources. The Czech commentary works them into the individual articles with paragraph references.

  • C-639/23 P(R) Commission v Amazon Services Europe (27 March 2024): the Vice-President of the Court of Justice refused to suspend Amazon's obligation to compile and publish an advertisement repository, because the interest in applying the Regulation to very large platforms as quickly as possible prevailed.
  • T-139/24 R, C-620/24 P(R) and T-486/24 R (2024 and 2025): the Prague-based operators of XVideos and XNXX failed to obtain suspension of the obligation to publish an advertisement repository, which serves its purpose only if it is accessible to a wide circle of persons.
  • T-348/23 Zalando (3 September 2025): a marketplace that intermediates third-party offers alongside its own retail sales is an online platform, every person exposed to the information is an active recipient, and the case law on the neutral role is not transposed to the concept of intermediary service (appeal C-724/25 P).
  • T-55/24 Meta and T-58/24 TikTok (10 September 2025): the 2023 supervisory fee decisions annulled, the methodology for counting active recipients belongs in a delegated act (appeals C-744/25 P and C-745/25 P).
  • T-367/23 Amazon (19 November 2025): the 45 million threshold and the obligations of very large platforms upheld, the interferences with the freedom to conduct a business and with privacy are proportionate (appeals C-40/26 P and C-47/26 P).
  • C-492/23 Russmedia Digital (2 December 2025): an online marketplace operator acting as controller cannot rely on the liability exemptions of the e-Commerce Directive in respect of its obligations under the GDPR.
  • C-188/24 and C-190/24 WebGroup Czech Republic (16 June 2026): general criminal-law requirements can be enforced against a service established in another Member State only by an individual measure under Article 3(4) of the e-Commerce Directive, for example an obligation to introduce age verification.
  • C-421/24 AGCOM v Google Ireland (16 July 2026): the hosting exemption does not cover a video-sharing platform operator that shared advertising revenue with the channel creator and controlled the channel's content.

Notes on the provisions

All 93 articles by chapter and section, each with a short note. Inside is the full English text from the Official Journal. The full commentary with marginal numbers, examples, case law and open questions is available in Czech on the Czech version of this page.

Chapter I · Art. 1–3

General provisions

Subject matter, scope and definitions. This is where it is decided whether a service is an intermediary service and which tier of obligations it belongs to.

Art. 1 Subject matter

A twofold aim: the proper functioning of the internal market for intermediary services and a safe, predictable and trusted online environment in which fundamental rights, including consumer protection, are effectively protected. Paragraph 2 names three sets of rules: conditional exemption from liability, due diligence obligations and enforcement.

Art. 2 Scope

The Regulation applies to intermediary services offered to recipients established or located in the Union, wherever the provider is established. It does not apply to a service that is not an intermediary service, and it leaves the acts listed in paragraph 4, such as the GDPR, consumer law and copyright law, unaffected.

Art. 3 Definitions

The definitions on which the whole Regulation rests: intermediary service (mere conduit, caching, hosting), online platform, online search engine, illegal content, content moderation, recommender system and more. They decide which tier of obligations a service belongs to.

Chapter II · Art. 4–10

Liability of providers of intermediary services

The conditional liability exemptions carried over from the e-Commerce Directive, the ban on general monitoring obligations and orders from national authorities.

Art. 4 ‘Mere conduit’

Mere conduit. The provider is not liable for transmitted information if it did not initiate the transmission, did not select the receiver and did not select or modify the information. Automatic, intermediate and transient storage for the purpose of the transmission is part of it.

Art. 5 ‘Caching’

Caching. The exemption applies if the provider does not modify the information, complies with the conditions on access and the rules on updating, and acts expeditiously to remove it once it learns that it has been removed at the source or that a court or administrative authority has ordered that.

Art. 6 Hosting

Hosting. The provider is not liable for stored information if it has no actual knowledge of illegal activity or content and acts expeditiously once it obtains such knowledge. The exemption does not apply where the recipient acts under its control, and an online marketplace cannot rely on it under consumer law if it creates the impression that it offers the item itself.

Art. 7 Voluntary own-initiative investigations and legal compliance

Voluntary own-initiative investigations carried out in good faith and diligently, or measures taken to comply with Union or national law, do not deprive providers of the liability exemptions.

Art. 8 No general monitoring or active fact-finding obligations

No general obligation to monitor transmitted or stored information, nor to actively seek facts or circumstances indicating illegal activity, is imposed on providers.

Art. 9 Orders to act against illegal content

Orders from national judicial or administrative authorities to act against illegal content. The Regulation sets their minimum content, territorial scope and the duty to inform the authority of the effect given to the order without undue delay; the legal basis for the order comes from Union or national law.

Art. 10 Orders to provide information

Orders to provide information about specific recipients of the service. An order may only require information that the provider has already collected for the purposes of providing the service and that lies within its control.

Chapter III · Art. 11–48

Due diligence obligations for a transparent and safe online environment

The core of the Regulation. Obligations add up tier by tier, from all intermediaries through hosting and online platforms to very large platforms and search engines.

Section 1 · all providers of intermediary services (Art. 11–15)

Art. 11 Points of contact for Member States’ authorities, the Commission and the Board

A single electronic point of contact for communication with Member State authorities, the Commission and the European Board for Digital Services, with the languages of communication.

Art. 12 Points of contact for recipients of the service

A single point of contact for recipients of the service. Communication must be direct and rapid, and recipients must be able to choose means that do not rely solely on automated tools.

Art. 13 Legal representatives

A provider without an establishment in the Union that offers services in the Union designates a legal representative in one of the Member States. The representative may be held liable for non-compliance alongside the provider.

Art. 14 Terms and conditions

Terms and conditions must clearly describe restrictions and content moderation, including algorithmic decision-making and human review, and the provider applies them diligently, objectively and proportionately with due regard to fundamental rights. Very large platforms and search engines add a concise summary and publish them in the languages of the Member States where they offer services.

Art. 15 Transparency reporting obligations for providers of intermediary services

Annual content moderation transparency reports in a machine-readable format. Micro and small enterprises that are not very large online platforms are exempt. The templates are set by Implementing Regulation (EU) 2024/2835.

Section 2 · hosting services, including online platforms (Art. 16–18)

Art. 16 Notice and action mechanisms

Notice and action mechanisms for all hosting service providers. A notice from which the illegality can be identified without a detailed legal examination gives rise to actual knowledge for the purposes of Article 6.

Art. 17 Statement of reasons

A statement of reasons for every restriction imposed on the affected recipient, from removal of content and restrictions of visibility or monetisation to suspension or termination of the service or account.

Art. 18 Notification of suspicions of criminal offences

A hosting service provider that becomes aware of information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of persons promptly informs the law enforcement or judicial authorities of the Member State concerned.

Section 3 · online platforms (Art. 19–28)

Art. 19 Exclusion for micro and small enterprises

The section on online platforms, except Article 24(3), does not apply to micro and small enterprises. The exclusion does not apply to very large online platforms.

Art. 20 Internal complaint-handling system

An internal complaint-handling system against decisions of the online platform, available for at least six months after the decision, free of charge and electronically. Decisions may not be taken solely by automated means.

Art. 21 Out-of-court dispute settlement

Out-of-court dispute settlement before a body certified by the Digital Services Coordinator. The body cannot impose a binding settlement, and the recipient keeps the right to go to court.

Art. 22 Trusted flaggers

Trusted flaggers, whose status is awarded by the Digital Services Coordinator. The online platform processes their notices with priority and without undue delay.

Art. 23 Measures and protection against misuse

Measures against misuse. Suspension of the service for recipients who frequently provide manifestly illegal content, and suspension of the processing of notices and complaints from those who frequently submit manifestly unfounded ones, always after a prior warning.

Art. 24 Transparency reporting obligations for providers of online platforms

Additional transparency reporting by online platforms, publication of the average monthly active recipients at least every six months, and submission of statements of reasons to a database managed by the Commission.

Art. 25 Online interface design and organisation

Ban on dark patterns, that is, online interface designs that deceive or manipulate recipients or materially distort their ability to make free decisions. Practices covered by the Unfair Commercial Practices Directive or the GDPR fall outside the ban.

Art. 26 Advertising on online platforms

Advertising transparency. For every ad it must be clear that it is an ad, on whose behalf it is presented, who paid for it and what determines its display. Advertising based on profiling using special categories of personal data is prohibited.

Art. 27 Recommender system transparency

Recommender systems. The terms and conditions set out the main parameters and the options recipients have to modify or influence them.

Art. 28 Online protection of minors

Online platforms accessible to minors take appropriate and proportionate measures to ensure a high level of privacy, safety and security of minors. They may not present advertising based on profiling to a recipient they are aware with reasonable certainty is a minor. The Commission guidelines on this Article were published in the Official Journal on 10 October 2025.

Section 4 · online marketplaces (Art. 29–32)

Art. 29 Exclusion for micro and small enterprises

The section on online marketplaces does not apply to micro and small enterprises. The exclusion does not apply to very large online platforms.

Art. 30 Traceability of traders

Traceability of traders. An online marketplace obtains information about the trader before allowing it to use the service and makes best efforts to assess whether it is reliable.

Art. 31 Compliance by design

Compliance by design. The interface of an online marketplace must enable traders to comply with their information obligations under Union law, in particular on products and towards consumers.

Art. 32 Right to information

Where an online marketplace becomes aware that an illegal product or service has been offered through its service, it informs the consumers who purchased it in the preceding six months.

Section 5 · very large online platforms and search engines (Art. 33–43)

Art. 33 Very large online platforms and very large online search engines

Designation of very large online platforms and search engines from 45 million average monthly active recipients in the Union. The obligations of Section 5 start to apply four months after the designation decision is notified.

Art. 34 Risk assessment

Assessment of systemic risks at least once a year and in any event before deploying functionalities likely to have a critical impact on the risks. Four categories of risk, from illegal content through fundamental rights and democratic processes to public health and minors.

Art. 35 Mitigation of risks

Mitigation of the identified systemic risks through reasonable and effective measures, for example by adapting the interface, content moderation, algorithmic and advertising systems. The Commission may issue guidelines on specific risks.

Art. 36 Crisis response mechanism

Crisis response mechanism. On a recommendation of the European Board for Digital Services, the Commission may by decision require very large platforms and search engines to take specific actions in a serious threat to public security or public health.

Art. 37 Independent audit

Independent audit of compliance at least once a year, with an audit report and an audit opinion. The rules on performing audits are set by Delegated Regulation (EU) 2024/436.

Art. 38 Recommender systems

Very large platforms and search engines offer, for each recommender system, at least one option that is not based on profiling.

Art. 39 Additional online advertising transparency

A public advertisement repository with a search tool and application programming interfaces, kept for the whole period an ad is presented and until one year after it was last presented.

Art. 40 Data access and scrutiny

Data access for the Digital Services Coordinator of establishment, the Commission and vetted researchers. The technical conditions are set by Delegated Regulation (EU) 2025/2050; other researchers also get access to publicly accessible data.

Art. 41 Compliance function

A compliance function independent from operational functions, whose head reports directly to the management body of the provider.

Art. 42 Transparency reporting obligations

Transparency reports of very large platforms and search engines at least every six months, and publication of the risk assessment report, the audit report and the audit implementation report.

Art. 43 Supervisory fee

An annual supervisory fee that the Commission charges providers of very large platforms and search engines, capped at 0.05% of their worldwide annual net income. The General Court annulled the 2023 fee decisions concerning Meta and TikTok because the calculation methodology belonged in a delegated act. The judgments are not final.

Section 6 · standards, codes of conduct and crisis protocols (Art. 44–48)

Art. 44 Standards

The Commission supports the development of voluntary standards, for example for submitting notices, interfaces for data access and audits.

Art. 45 Codes of conduct

Codes of conduct supported by the Commission and the European Board for Digital Services, in particular on systemic risks. The Code of Conduct on Disinformation was integrated into the framework of the Regulation on 13 February 2025 and applies from 1 July 2025.

Art. 46 Codes of conduct for online advertising

Codes of conduct for online advertising, meant to increase transparency along the advertising value chain.

Art. 47 Codes of conduct for accessibility

Codes of conduct for the accessibility of services for persons with disabilities.

Art. 48 Crisis protocols

Voluntary crisis protocols for extraordinary circumstances affecting public security or public health. The Commission may initiate their drawing up on a recommendation of the Board.

Chapter IV · Art. 49–88

Implementation, cooperation, penalties and enforcement

Who supervises and how. Digital Services Coordinators in the Member State of establishment, the European Board for Digital Services and the exclusive competence of the Commission over the systemic-risk obligations of very large platforms and search engines.

Section 1 · competent authorities and Digital Services Coordinators (Art. 49–55)

Art. 49 Competent authorities and Digital Services Coordinators

Competent authorities and the Digital Services Coordinator, which Member States had to designate by 17 February 2024. In Czechia the coordinator is the Czech Telecommunication Office; it will receive its full powers only with the Digital Economy Act.

Art. 50 Requirements for Digital Services Coordinators

Coordinators act impartially, transparently, in a timely manner and with complete independence, and have adequate technical, financial and human resources.

Art. 51 Powers of Digital Services Coordinators

Investigative and enforcement powers of coordinators, including fines, periodic penalty payments and a measure of last resort that may lead to the temporary restriction of access to a service.

Art. 52 Penalties

Penalties are laid down by Member States. A fine of at most 6% of annual worldwide turnover, at most 1% for incorrect information or refusal to submit to an inspection, and periodic penalty payments of at most 5% of average daily turnover.

Art. 53 Right to lodge a complaint

Recipients may lodge a complaint with the Digital Services Coordinator of the Member State where they are located or established.

Art. 54 Compensation

Recipients may seek compensation for damage or loss suffered due to an infringement of the Regulation in accordance with Union and national law.

Art. 55 Activity reports

Annual activity reports of the coordinators, including the number of complaints and of orders issued.

Section 2 · competences, coordinated investigation and consistency mechanisms (Art. 56–60)

Art. 56 Competences

Supervision lies with the Member State of the provider's main establishment. The systemic-risk obligations of very large platforms and search engines are enforced exclusively by the Commission, their other obligations by the Commission and the Member State of establishment.

Art. 57 Mutual assistance

Mutual assistance between coordinators and the Commission, including information sharing and investigative measures on request.

Art. 58 Cross-border cooperation among Digital Services Coordinators

Cross-border cooperation. The coordinator of destination or the Board may ask the coordinator of establishment to assess the matter and take measures.

Art. 59 Referral to the Commission

The Board may refer the matter to the Commission if the coordinator of establishment does not respond to the request in time or the Board disagrees with its assessment or measures.

Art. 60 Joint investigations

Joint investigations by coordinators from several Member States.

Section 3 · European Board for Digital Services (Art. 61–63)

Art. 61 European Board for Digital Services

The European Board for Digital Services, an independent advisory group of coordinators, in operation since 17 February 2024.

Art. 62 Structure of the Board

Structure of the Board. Each Member State has one vote; the Commission chairs it without voting rights.

Art. 63 Tasks of the Board

Tasks of the Board: opinions, requests and recommendations, support for joint investigations and analysis of systemic risks.

Section 4 · Commission supervision of very large platforms and search engines (Art. 64–83)

Art. 64 Development of expertise and capabilities

The Commission develops expertise and capabilities for the supervision of very large platforms and search engines in cooperation with coordinators and the Board.

Art. 65 Enforcement of obligations of providers of very large online platforms and of very large online search engines

The Commission enforces the obligations of providers of very large platforms and search engines. A coordinator may ask the Commission to assess a matter.

Art. 66 Initiation of proceedings by the Commission and cooperation in investigation

Initiation of proceedings by the Commission, after which the Member State of establishment no longer exercises its powers in the same matter.

Art. 67 Requests for information

Commission requests for information, by simple request or by decision.

Art. 68 Power to take interviews and statements

The Commission may interview any person who consents to being interviewed and record the statements.

Art. 69 Power to conduct inspections

Commission inspections at the premises of a provider of a very large platform or search engine.

Art. 70 Interim measures

Interim measures in cases of urgency due to the risk of serious damage and a prima facie finding of an infringement.

Art. 71 Commitments

Commitments that the Commission may make binding by decision. The first case was the TikTok Lite Rewards programme in 2024.

Art. 72 Monitoring actions

Monitoring actions of the Commission, including the appointment of independent external experts and auditors.

Art. 73 Non-compliance

Non-compliance decisions. The first one was the decision against X of 5 December 2025.

Art. 74 Fines

Fines of at most 6% of total worldwide annual turnover, at most 1% for procedural infringements. The Commission has fined X (EUR 120 million), Temu (EUR 200 million) and AliExpress (EUR 550 million).

Art. 75 Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III

Enhanced supervision with an action plan for infringements of the systemic-risk obligations.

Art. 76 Periodic penalty payments

Periodic penalty payments of at most 5% of average daily income or worldwide annual turnover per day, to compel compliance with a decision.

Art. 77 Limitation period for the imposition of penalties

The power to impose fines and periodic penalty payments is subject to a limitation period of five years.

Art. 78 Limitation period for the enforcement of penalties

The power to enforce fines and periodic penalty payments is subject to a limitation period of five years from the day the decision becomes final.

Art. 79 Right to be heard and access to the file

Right to be heard on the preliminary findings and right of access to the file.

Art. 80 Publication of decisions

Publication of Commission decisions with the names of the parties and the main content of the decision, including the penalties imposed.

Art. 81 Review by the Court of Justice of the European Union

The Court of Justice of the European Union has unlimited jurisdiction to review decisions imposing fines or periodic penalty payments.

Art. 82 Requests for access restrictions and cooperation with national courts

A Commission request for action leading to the temporary restriction of access to a service as a last resort, and the relationship of national courts to Commission decisions.

Art. 83 Implementing acts relating to Commission intervention

Implementing acts on Commission proceedings, adopted as Implementing Regulation (EU) 2023/1201.

Section 5 · common provisions on enforcement (Art. 84–86)

Art. 84 Professional secrecy

Professional secrecy of everyone involved in supervision.

Art. 85 Information sharing system

The information sharing system between coordinators, the Commission and the Board, operated as AGORA under Implementing Regulation (EU) 2024/607.

Art. 86 Representation

Recipients may mandate a not-for-profit body to exercise their rights, and online platforms process its complaints with priority.

Section 6 · delegated and implementing acts (Art. 87–88)

Art. 87 Exercise of the delegation

Exercise of the delegation conferred on the Commission for five years from 16 November 2022, tacitly extended.

Art. 88 Committee procedure

The Digital Services Committee and the advisory procedure for adopting implementing acts.

Chapter V · Art. 89–93

Final provisions

Deletion of the liability rules in the e-Commerce Directive, representative actions, review and when the Regulation applies.

Art. 89 Amendments to Directive 2000/31/EC

Deletion of Articles 12 to 15 of the e-Commerce Directive and the rule on how references to them are construed.

Art. 90 Amendment to Directive (EU) 2020/1828

Adds the Regulation to the acts whose infringement can be pursued by representative actions under Directive (EU) 2020/1828.

Art. 91 Review

Review. The Commission issued its report on Article 33 and on the interaction with other acts on 17 November 2025; the evaluations of the impact on SMEs and of the functioning of the Board are due by 18 February 2027, the general evaluation by 17 November 2027.

Art. 92 Anticipated application to providers of very large online platforms and of very large online search engines

For very large platforms and search engines for which four months from notification of the designation elapsed before 17 February 2024, the Regulation applied earlier.

Art. 93 Entry into force and application

Entry into force on 16 November 2022, general application from 17 February 2024, selected provisions from 16 November 2022.

Sources

How content is made

Content is produced in the Legal To Code legal workflow for Claude Code (version 1.177.0). Cited provisions are verified against a local library of their verbatim wording. Where the wording is not in the library, it is verified in the Czech Collection of Laws. For case-law research the workflow is connected to the Salvia MCP server. Automated checks of citations and internal consistency are part of the workflow. Verify decisive information against the original sources.

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