New EU Digital Services Act (“DSA”) effective early 2024: keep an eye on Art. 13 DSA
- Author: Wolfgang von Sandersleben, DP-Dock GmbH
- Last updated: July 2023
- Category: General Obligations
The DSA has a very broad scope of application: it regulates the obligations of digital service providers that act as intermediaries in their role of connecting consumers with goods, services, and content. This includes online marketplaces amongst others:
- providers of intermediary services as a ‘mere conduit’
- providers of ‘caching’ services
- providers of ‘hosting’ services
The DSA applies to these intermediaries even if they have no establishments in the EU. Most elements of the DSA will become applicable by/after February 17, 2024.
According to Article 13 DSA, providers of all services mentioned above which do not have an establishment in the EU but offer services in the EU shall designate, in writing, a legal representative in one of the EU Member States where the provider offers its services. Providers of these services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the European Commission and the newly founded European Board for Digital Services on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to the DSA.
DP-Dock is working on having this legal representative service available for interested customers early in Q1/2024.
