Whom Does the Digital Services Act Regulate?
Regardless of whether the intermediary service provider is based in the EU or not, the DSA will apply to all suppliers of intermediary services provided to recipients of those services located in the EU. An intermediary service is defined by the DSA as any of the following, and this encompasses cybersecurity considerations.

A conduit service that handles the straightforward transfer of data supplied by a recipient via a communication network.

A Caching service functions similarly to a conduit service, with the exception of automatically storing data temporarily to facilitate effective forward transmission.a hosting service that includes information storage at the recipient’s request.

It is significant to remember that online search engines and platforms fall within the category of intermediary services. This covers companies that offer social networks, online travel sites, app stores, online marketplaces, and much more. ‘Very Large Online Platforms’ (VLOP) and ‘Very Large Online Search Engines’ (VLOSE) are two further subcategories of intermediary service terms that are governed by the DSA, which also imposes new requirements on these providers. Platforms that offer intermediary services must have more than 45 million average monthly users in the EU in order to be designated as VLOPs or VLOSEs. Although the DSA went into effect on November 16, 2022, it won’t apply to all regulated organisations until February 17, 2024, so Intermediary Services will have plenty of time to abide by the rules.

ProPrivacy says that, according to the 2023 Global Risks Report by the World Economic Forum (WEF), cybersecurity failures now rank as the 7th most significant global risk.The rapid shift to digital interactions during the pandemic exacerbated the digital divide, providing new opportunities for cyber threats. In the previous report, cyberattacks were ranked 8th, indicating an anticipated increase in this threat over the next two years. WEF holds a somewhat optimistic view that cybersecurity failures may eventually drop from the top ten global risks within 5–10 years, though potential risks from adverse tech advances could replace them. Digital inequality is also recognized as the 9th most significant global threat, with approximately 3 billion people still offline.


The Digital Services Act (DSA) of the EU introduces a set of crucial regulations aimed at fostering a safer and more responsible online environment. These key DSA regulations encompass:
Transparency and Algorithmic Accountability: The DSA mandates online platforms to disclose specific information, including removal orders, notices related to illegal content, and insights into their automated content moderation tools, including error rates and moderator training. Additionally, Very Large Online Platforms (VLOPs) are required to grant access to their algorithms for monitoring by the European Commission and EU Member States.

Response to Illegal Content: The DSA establishes consistent criteria for issuing notices and taking actions in response to illegal content. These criteria also outline circumstances under which Intermediary Services can be held accountable for such content. Moreover, the DSA enforces the removal of content targeting cyber victims, prioritizing the diligent and good-faith removal of illegal content over general content moderation.

Ban on Targeting Using Sensitive Data: The DSA imposes a significant obligation on Intermediary Services by prohibiting the generation of targeted advertisements through the profiling of sensitive data, such as sexual orientation or political opinions.

Enhanced Transparency for Users: The opaque content distribution structure on online platforms has been a substantial concern for users. To address this, the DSA compels platforms to disclose the parameters of their content recommender systems, granting users the ability to understand the principles behind content recommendations. Furthermore, the DSA enhances user rights by enabling customization of these systems and exploring non-profiling-based alternatives.

Verification and Prevention: The DSA places an obligation on Online Marketplaces to verify and validate the legitimacy of merchants selling products or services on their platforms. It necessitates online platforms to implement measures preventing the listing of illegal goods or services.

Obligations on Search Engine Platforms: Search Engine Operators are mandated by the DSA to remove links on their platforms that direct users to illegal online content.

The DSA, therefore, introduces numerous obligations on Intermediaries with a focus on upholding fundamental rights such as freedom of expression, information, and thought, ultimately safeguarding individuals from manipulation. In addition to these obligations, the regulation introduces safeguards to enhance access to effective remedies. This includes intermediaries estab