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LegalTerm · #dsa

DSA (Digital Services Act)

Short definition

EU regulation (2022) governing how online platforms handle illegal content, takedown notices, and user accountability — the EU's analogue to the DMCA.

The Digital Services Act is the EU's overhaul of online intermediary liability rules. It applies to all online services targeting EU users, with a tiered set of obligations: small services have minimal duties, while 'very large online platforms' (VLOPs) face transparency reporting, risk assessments, and trusted-flagger frameworks. For hosts, the DSA replaces the older Electronic Commerce Directive's notice-and-takedown framework with a more procedural Article 16 mechanism.

Offshore hosts located in EU member states (Netherlands, Romania, Bulgaria, Iceland — which sits in the EEA) are subject to the DSA. Hosts in non-EU jurisdictions (Switzerland, Panama, Moldova) are not. This is one reason offshore positioning often distinguishes between 'EU offshore' (DSA-aligned) and 'true offshore' (outside EU treaty scope).

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