Digital Services Act

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The Digital Services Act (DSA) establishes a new European legal framework for digital services, significantly impacting providers and commercial users. The commentary by Hofmann/Raue examines the regulations of the act, particularly addressing the handling of illegal content online, and systematically and clearly outlines the structures and regulatory objectives. The analysis is contextualized and interpreted within EU law. It also develops strategic recommendations for affected online companies that face numerous obligations, including: - Liability of intermediary services - New due diligence requirements for intermediaries (e.g., prohibition of "dark patterns") - Content moderation (including complaint and abuse management) - Transparency obligations (e.g., for political advertising and recommendation systems) - Consideration of fundamental rights in the terms of use of online platforms - Risk management for very large online search engines and platforms - Platform governance law and regulatory enforcement (including substantial fines) - Enforcement powers of the Commission and cross-border cooperation - Relationship of the DSA to existing platform regulation This commentary provides a comprehensive understanding of the new legal act.