Platforms and the DSA

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The Digital Services Act (DSA, Regulation (EU) 2022/2065) has applied since 17 February 2024 to all intermediary services in the EU, from hosting providers and forums to online marketplaces. In May 2024 the German Digital Services Act (Digitale-Dienste-Gesetz, DDG) replaced the Telemedia Act (TMG) and set up national supervision. We advise platform operators on compliance and act for businesses and individuals taking action against content or suspensions.

Who is an intermediary service under the DSA?

The DSA scales obligations according to the type of service:

Service	Examples	Scope of obligations
Mere conduit, caching	Access providers, CDN, DNS	Basic duties, points of contact, transparent terms
Hosting service	Web hosts, cloud storage	In addition: notice and action, statement of reasons
Online platform	Forums, social networks, review portals	In addition: complaint system, advertising transparency, ban on dark patterns, protection of minors
Online marketplace	Platforms for distance contracts	In addition: trader traceability, compliance by design
Very large platforms and search engines	45 million or more users in the EU	In addition: risk assessment, audits, supervision by the Commission

Micro and small enterprises are exempt from some platform obligations, but not from those for hosting services.

Liability for content and notice and action

The liability privileges of the former TMG are now in Arts. 4 to 6 DSA. A hosting provider is only liable for its users‘ unlawful content once it has knowledge and fails to act expeditiously. Voluntary own-initiative checks do not cost it the privilege (Art. 7), and there is no general monitoring obligation.

In practice, knowledge arises through notices under Art. 16 DSA. The notice mechanism must be easy to access and user-friendly, and sufficiently substantiated notices trigger a duty to review. Anyone who removes content, suspends accounts or restricts visibility must give the user a statement of reasons under Art. 17 and offer an internal complaint procedure and access to an out-of-court dispute settlement body.

Obligations for online marketplaces

Marketplace operators must identify traders before admission and check their details for plausibility (Art. 30), design their interface so that traders can meet their information duties (Art. 31) and inform consumers when they learn of illegal products (Art. 32). The Bundesnetzagentur’s proceedings against eBay show that the regulator takes this seriously: in July 2026 the Digital Services Coordinator made preliminary findings of infringements concerning notice and action, statements of reasons and trader traceability.

Supervision in Germany: the Bundesnetzagentur as Digital Services Coordinator

Under the DDG, the Digital Services Coordinator at the Federal Network Agency (Bundesnetzagentur) is competent, with other authorities involved for youth protection and data protection. Users can lodge complaints there. The DDG provides for fines of up to 6 per cent of annual turnover. Very large platforms are supervised directly by the Commission. Civil claims remain: competitors and associations increasingly send warning letters over DSA breaches under the German Act against Unfair Competition (UWG).

If you are affected: removing content or lifting a ban

For businesses and individuals affected by content on platforms, the DSA is a tool. A precise notice with the exact location and reasons creates knowledge and therefore liability on the part of the provider. If your own account is suspended or a listing deleted, you can demand reasons and challenge the decision. Unlawful suspensions can be taken to court, and in urgent cases an interim injunction may be available.

Typical matters

• DSA review for platforms, marketplaces, forums and SaaS with user content: classification, list of obligations, terms under Art. 14
• Notice forms, moderation processes and templates for statements of reasons
• Trader identification and marketplace terms
• Representation in proceedings before the Bundesnetzagentur
• Removal of infringing content, reviews and fake profiles; action against account suspensions

FAQs on the DSA

Does the DSA apply to small forums or comment functions?

Yes, as a hosting service. Small providers are exempt from some platform obligations, but notice and action and the duty to give reasons still apply.

How quickly must a platform respond?

The DSA sets no fixed deadline but requires timely, diligent handling. For obviously unlawful content, German courts expect a response within a few days.

What happened to the NetzDG?

The German Network Enforcement Act has largely been superseded by the DSA and was essentially repealed by the DDG. For the former legal position see our page on the NetzDG (in German).

Related topics

• E-commerce and online shops
• Online attacks on your reputation
• DSA: text and overview (in German)
• DMA and the P2B Regulation (in German)
• Online reviews (in German)