Digital Services Act

Obligations and liability of providers of intermediary services

Are you a provider of intermediary services?

We can support you in:

Verifying the legitimacy of orders to act against illegal content issued by the relevant national judicial or administrative authorities pursuant to Article 9 DSA;
Verifying the legitimacy of orders to provide information pursuant to Article 10 DSA;
Ensuring compliance with any legitimate order issued by the relevant national judicial or administrative authorities;
Complying with relevant obligations regarding your single point of contact for communication with Member States’ authorities, the Commission and the Board, pursuant to Article 11 DSA;
Complying with relevant obligations regarding your single point of contact for recipients of the service, pursuant to Article 12 DSA;
Drafting or revising your terms and conditions in order to ensure that they are transparent, machine-readable and that they include provisions on restrictions to the use of the services, reference to policies, procedures, internal complaint systems etc., pursuant to Article 14 DSA;
Drafting and publishing the annual reports on content moderation, pursuant to Article 15 DSA.

Are you a provider of intermediary services but do not have an establishment in the Union and you offer services to entities located in the Union?

We can support you in:

Designating the EU legal representative and drafting the relevant designation contract, pursuant to Article 13 DSA.

Are you a provider of hosting services?

We can support you in:

The development and management of an illegal content notification reporting mechanism, pursuant to Article 16 DSA;
The issuance of statements of reasons towards relevant recipients of the services, pursuant to Article 17 DSA;
Sending notifications to law enforcement of suspicious criminal offences, pursuant to Article 18 DSA.

Are you a provider of online platforms?

We can support you in:

Defining and implementing the internal complaint-handling management system, pursuant to Article 20 DSA;
Implementing the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, through the illegal content notification reporting mechanism, are given priority and are processed and decided upon without undue delay, pursuant to Article 22 DSA
Defining and implementing the relevant suspension management procedures in relation to recipients of the service that frequently provide manifestly illegal content, pursuant to Article 23 DSA;
Drafting and publishing the annual reports on transparency, pursuant to Article 24 DSA;
Assessing the compliance of online interface designs with the requirements set forth in Article 25 DSA;
Advertising compliance and integration with existing privacy and cookie policies, pursuant to Article 26 DSA;
Recommender systems transparency compliance and integration with existing terms and conditions and privacy policies, pursuant to Article 27 DSA;
Compliance with obligations regarding protection of minors online and integration with existing terms and conditions and privacy policies, pursuant to Article 28 DSA;
Designing online interfaces to serve traders’ compliance and ensure traders’ traceability, pursuant to Articles 30 and 31 DSA.

Are you a very large online platform or a very large online search engine?

We can support you in:

Complying with risk assessment obligations in coordination with privacy and security risk assessment, pursuant to Article 34 DSA;
Mitigation of risk management in coordination with privacy and security measures, pursuant to Article 35 DSA;
Drafting and implementing crisis response mechanism management, pursuant to Article 36 DSA;
Performing annual audits, pursuant to Article 37 DSA;
Providing users with the possibility of having profiling-free recommender systems in place, pursuant to Article 38 DSA;
Complying with advertising transparency obligations and repository management, pursuant to Article 39 DSA;
Providing Digital Services Coordinator and European Commission with data access and allowing its scrutiny, pursuant to Article 40 DSA;
Complying with transparency and reporting obligation management, pursuant to Article 42 DSA.

Our experience

Through the years we have worked with many clients and gained significant experience in the following industries: Education; Energy; Financial Institutions; Food and Beverage; Government Contracting; Healthcare; Hospitality and Leisure; Insurance; Life Sciences; Media, Sport and Entertainment; Retail; Technology.