Digital Services Act - Article-by-Article Commentary

HOFMANN Franz , RAUE Benjamin

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Summary

The Digital Services Act (DSA) creates a completely new European legal framework for digital services. This will have far-reaching implications for both providers and commercial users of digital services.

The article-by-article commentary
The article-by-article commentary describes the structures and objectives of the regulation systematically and comprehensibly and provides an interpretation in accordance with EU law. The authors develop strategic recommendations for the online companies concerned, which are now subject to numerous obligations, including:
• Liability of intermediary services
• Transparency obligations, complaint and abuse management
• Consideration of fundamental rights in terms of use
• Cooperation with national authorities in issuing orders
• Contact points and, where appropriate, legal representation
• Reporting of offences
• External risk assessments and public accountability.

Comparative Law Approach
The volume consistently considers the English and French language versions of the DSA, which, due to their importance as the language of negotiations and court proceedings at the ECJ, are also printed for a better understanding of the new legal act. In addition, the new provisions are placed in the complex legal situation regarding platform liability and regulation in preliminary remarks on the respective regulatory areas.

Potential readers
In-house counsels, companies, lawyers, supervisory authorities, business and consumer associations, insurance companies, research institutions, European institutions, non-governmental organisations.