Jurisdiction(s):
European Union

EU Digital Services Act: Draft Delegated and Implementing Acts on Audits, Data Access, Transparency Reporting and Information-Sharing; Adoption Processes and Expected 2024 Timelines

Published on: 05 February 2024

Published by a LexisNexis EU Law expert

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Article summary

From 17 February 2024, providers of intermediary services—such as cloud and file‑sharing services, search engines, social networks and online marketplaces—come within scope of the EU Digital Services Act (EU DSA). These organisations must meet a suite of duties, including putting in place notice‑and‑action procedures, observing detailed requirements for terms and conditions, and issuing transparency reports on content moderation, among other obligations and measures required under the framework. For further details on the EU DSA, please refer to our earlier blog posts here and here for context and background. The Commission, under powers granted by the EU DSA, may adopt delegated and implementing acts covering aspects of how the regime is implemented and enforced in this context. In 2023, it adopted one delegated act on supervisory fees payable by very large online platforms (VLOPs) and very large online search engines (VLOSEs), and one implementing act addressing procedural issues connected to the Commission’s enforcement powers. The Commission has also put forward several additional delegated and implementing acts, listed below for ease of reference. Consultation on these draft instruments has now closed, and Cooper, Peets and Choi expect that they will be adopted before the close of 2024...

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