Adopted on 19 October 2022 and applicable from 17 February 2024, the Digital Services Act aims to control the distribution of illegal content online and ensure a safer and more transparent digital environment. Greater obligations apply to very large online platforms (VLOPs) and very large search engines (VLOSEs) because of their systemic impact. It also introduces obligations for all other intermediary service providers, including cloud service providers.
The DSA strengthens the responsibility of digital players and combats the distribution of illegal content, harmful content or illegal products online. This regulation succeeds the 2000 e-commerce directive and retains certain fundamental principles, such as limiting the liability of technical intermediaries.
The DSA applies to all companies providing intermediary services targeting the European market, whether they are established within or outside the European Union.
| THE PILLARS | WHAT IMPACT? |
|---|---|
| Distinctions between intermediate services | Simple transport service : The service simply transmits data over a network, without touching the content. Caching service : The service stores data automatically, temporarily and locally, in order to facilitate data transmission. Hosting service : The service stores information supplied by a user, generally on request, without intervening in the content. |
| The main obligations common to all intermediary services | Designation of a contact point Appointment of a legal representative when the service is established outside the EU Updating of general conditions (restrictions, content moderation, etc.) Annual transparency report on content moderation procedures (requests for removal, moderation actions) Mechanism for reporting illegal content |
| Precision for cloud service providers | The specific obligations for hosting do not apply to IaaS / PaaS cloud providers, as they are technical intermediaries. Cloud providers with an application layer, i.e. SaaS with interactions (e.g. collaborative tools), are subject to more stringent obligations (e.g. mechanism for reporting illegal content, informing users when content is removed or blocked, etc.). |
The DSA sets a clear course for a more responsible digital future. As a provider of cloud services, we are supporting this collective effort to improve accountability. Distinguishing responsibilities according to the nature of the services is essential to building a balanced framework that protects users and fosters innovation.
In France, ARCOM has been appointed to coordinate digital services. Other national authorities are responsible for certain sectors, such as the CNIL for personal data. The European Commission has full jurisdiction over very large online platforms and search engines. The European Digital Services Committee (EDSCC) plays a cooperation and coordination role.