- Recital 1 – Risks and challenges to individuals and society as a result of digital transformation
- Recital 2 – Harmonisation of the provision of intermediary services across the internal market
- Recital 3 – A safe, predictable and trustworthy online environment to protect Union citizens’ fundamental rights
- Recital 4 – DSA to establish uniform, effective and proportionate mandatory rules at Union level, in order to avoid fragmentation of the internal market and to ensure legal certainty
- Recital 5 – Services in scope (1/2)
- Recital 6 – Services in scope (2/2)
- Recital 7 – Territorial scope
- Recital 8 – Meaning of ‘substantial connection to the Union’
- Recital 9 – Purpose of the DSA and absence of additional national requirements on the matters within the DSA’s scope
- Recital 10 – The DSA is without prejudice to other acts of Union law regulating the provision of information society services, consumer protection and private international law, etc.
- Recital 11 – The DSA is without prejudice to Union law on copyright and related rights
- Recital 12 – Concept of ‘illegal content’
- Recital 13 – Distinction between providers of hosting services and the subcategory of online platforms
- Recital 14 – Meaning of ‘dissemination to the public’ and its application in relation to interpersonal communication services
- Recital 15 – Where the DSA only partially covers a provider’s services
- Recital 16 – Role of the horizontal framework of conditional exemptions from liability for providers of intermediary services in Directive 2000/31/EC
- Recital 17 – The DSA’s rules on liability of providers of intermediary services (1/2)
- Recital 18 – The DSA’s rules on liability of providers of intermediary services (2/2)
- Recital 19 – Necessity for distinguishing between ‘mere conduit’, ‘caching’ and ‘hosting’ activities
- Recital 20 – Facilitating illegal activities
- Recital 21 – When a provider should benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ activities
- Recital 22 – When a provider should benefit from the exemption from liability for hosting services (1/2)
- Recital 23 – When a provider should benefit from the exemption from liability for hosting services (2/2)
- Recital 24 – Consumer protections and liability of online platforms enabling the conclusion of distance contracts
- Recital 25 – Possibility for injunctions
- Recital 26 – Provision of services and activities in good faith and in a diligent manner
- Recital 27 – Liability of providers of intermediary services and dealing with illegal content
- Recital 28 – Examples of ‘mere conduit’, ‘caching’ or ‘hosting’ services (1/2)
- Recital 29 – Examples of ‘mere conduit’, ‘caching’ or ‘hosting’ services (2/2)
- Recital 30 – Monitoring obligation
- Recital 31 – Legal basis for the issuing of public authorities’ orders, their territorial scope and cross-border enforcement
- Recital 32 – National law and orders by public authorities
- Recital 33 – Providers of intermediary services to inform the issuing authority about any follow-ups to orders without undue delay
- Recital 34 – The DSA is without prejudice to Union law in the field of judicial cooperation in civil or criminal matters and orders issued by public authorities
- Recital 35 – Modalities (such as timing and language) of orders issued by public authorities
- Recital 36 – Territorial scope of public authorities’ orders and the requirement to balance the orders’ objectives with the rights and interests of affected third parties
- Recital 37 – Requirements concerning orders for access to information
- Recital 38 – Orders to act against illegal content and Member States’ competence
- Recital 39 – Information requirements regarding complaint and redress mechanisms
- Recital 40 – Clear, effective, predictable and balanced set of harmonised due diligence obligations
- Recital 41 – Due diligence obligations to be adapted to the type, size and nature of the intermediary service
- Recital 42 – Requirement to designate a single electronic point of contact and to publish and update relevant information relating to that point of contact
- Recital 43 – Requirement to designate a single point of contact for service recipients, enabling rapid, direct and efficient communication
- Recital 44 – Requirement for a legal representative
- Recital 45 – Rules concerning the terms and conditions on transparency, the protection of recipients and the avoidance of unfair or arbitrary outcomes
- Recital 46 – Terms and conditions of services direct at minors to be easily understandable by minors
- Recital 47 – Relevance of fundamental rights
- Recital 48 – Additional requirements on information and transparency of terms and conditions for very large online platforms and very large online search engines
- Recital 49 – Annual report on content moderation
- Recital 50 – Providers of hosting services to put in place easily accessible and user-friendly notice and action mechanisms for the flagging of illegal content
- Recital 51 – Providers of hosting services to remove or disable access to flagged items constituting illegal content, without unduly affecting the freedom of expression and of information of recipients of the service
- Recital 52 – Rules concerning notice and action mechanisms (1/2)
- Recital 53 – Rules concerning notice and action mechanisms (2/2)
- Recital 54 – Decision-making process and notification obligation concerning illegal content
- Recital 55 – Restriction on visibility, monetisation and obligation to provide a statement of reasons
- Recital 56 – Requirement to inform without delay the competent law enforcement authorities of certain suspicions
- Recital 57 – Exceptions for micro or small enterprises
- Recital 58 – Internal complaint handling systems and requirement to allow for the easy and effective contestation of certain decisions of providers of online platforms
- Recital 59 – Requirement to allow for the possibility of good faith out-of-court dispute settlement of disputes
- Recital 60 – The DSA is without prejudice to Directive 2013/11/EU on access to quality-certified alternative dispute resolution entities
- Recital 61 – Trusted flaggers (1/2)
- Recital 62 – Trusted flaggers (2/2)
- Recital 63 – Necessity for proportionate and effective safeguards against such misuse
- Recital 64 – Suspension of service in respect of persons engaged in abusive behaviour
- Recital 65 – Transparency reporting obligations
- Recital 66 – Commission to maintain and publish a database on removal or restriction of availability of and access to information
- Recital 67 – Dark patterns
- Recital 68 – Requirements concerning online advertising
- Recital 69 – Restriction on presenting advertisements based on profiling using special categories of personal data
- Recital 70 – Recommender systems
- Recital 71 – Protection of minors
- Recital 72 – Ensuring the traceability of traders
- Recital 73 – Online platforms allowing the conclusion of distance contracts to assess the reliability of the information provided by traders
- Recital 74 – Online interfaces for traders and requirement to assess uploaded information
- Recital 75 – Requirement for additional obligations on providers of very large online platforms and of very large online search engines
- Recital 76 – Operational threshold to determine status as very large online platforms and very large online search engines
- Recital 77 – Calculating the number of average monthly active recipients of an online platform or online search engine
- Recital 78 – Determining the relevant threshold for high growth online platforms or high growth online search engines
- Recital 79 – Requirement to assess the systemic risks stemming from the design, functioning and use of an online service, as well as from potential misuses by the recipients of the service
- Recital 80 – First category of systemic risks to be assessed by the providers of very large online platforms and of very large online search engines
- Recital 81 – Second category of systemic risks to be assessed by the providers of very large online platforms and of very large online search engines
- Recital 82 – Third category of systemic risks to be assessed by the providers of very large online platforms and of very large online search engines
- Recital 83 – Fourth category of systemic risks to be assessed by the providers of very large online platforms and of very large online search engines
- Recital 84 – How to assess systemic risks
- Recital 85 – Preservation of data and documents relating to risk assessments
- Recital 86 – Requirement to mitigate systemic risks identified in risk assessments
- Recital 87 – How to mitigate systemic risks
- Recital 88 – Systemic risks pertaining to recommender systems, mitigations and cooperation with other service providers
- Recital 89 – Design choices and online interfaces to take best interest of minors into considerations
- Recital 90 – Risk assessment and mitigation to be based on the best available information and scientific insights
- Recital 91 – Requirement to take specific measures at times of crises
- Recital 92 – Independent compliance audits
- Recital 93 – Audit report and audit opinion
- Recital 94 – Recommender systems
- Recital 95 – Requirement to provide public access to repositories of advertisements presented on online interfaces to facilitate supervision and research
- Recital 96 – Digital Services Coordinator or the Commission may submit data access requests for specific data to assess compliance
- Recital 97 – Framework for compelling access to data to vetted researchers
- Recital 98 – Access to data for researchers
- Recital 99 – Providers of very large online platforms and of very large online search engines to establish an independent compliance function
- Recital 100 – Additional transparency requirements to apply to very large online platforms and very large online search engines
- Recital 101 – Annual supervisory fee
- Recital 102 – Voluntary standards
- Recital 103 – Voluntary codes of conduct
- Recital 104 – Additional considerations on content and adoption of codes of conduct
- Recital 105 – Codes of conduct and accessibility for persons with disabilities
- Recital 106 – Rules on codes of conduct to serve as a basis for self-regulatory efforts at Union level
- Recital 107 – Codes of conduct concerning online advertising
- Recital 108 – Voluntary crisis protocols to coordinate rapid, collective and cross- border responses in an online environment
- Recital 109 – Member States to designate at least one authority to supervise the application and enforcement of the DSA
- Recital 110 – Appointment and role of the Digital Services Coordinator (1/2)
- Recital 111 – Appointment and role of the Digital Services Coordinator (2/2)
- Recital 112 – The competent authorities under the DSA to act in complete independence from private and public bodies
- Recital 113 – Appointment of national authority as Digital Services Coordinator
- Recital 114 – Powers of the Digital Services Coordinator and any other competent authority designated under the DSA
- Recital 115 – Member States to set conditions and limits on the investigatory and enforcement powers of their Digital Services Coordinators and other competent authorities
- Recital 116 – Exercising the powers of the Digital Services Coordinator and other competent authorities
- Recital 117 – Sanctions under the DSA to be effective, proportionate and dissuasive
- Recital 118 – Individuals or representative organisations to be able to lodge complaints with the Digital Services Coordinator
- Recital 119 – Digital Services Coordinators to be empowered to take effective and proportionate measures
- Recital 120 – Access restriction to be limited to what is necessary to achieve the objective
- Recital 121 – Providers to be liable for the damages suffered by recipients of the service
- Recital 122 – The Digital Services Coordinator to regularly publish a report on the activities carried out under the DSA
- Recital 123 – Competence of the authorities for supervision and enforcement of the DSA
- Recital 124 – The Commission to have exclusive powers of supervision and enforcement of the additional obligations to manage systemic risks
- Recital 125 – Powers of supervision and enforcement of due diligence obligations to be shared by the Commission and by the national competent authorities
- Recital 126 – The DSA’s provision on the allocation of competence are without prejudice to Union law and national rules on private international law concerning jurisdiction and applicable law in civil and commercial matters
- Recital 127 – Necessity for a high level of cooperation
- Recital 128 – Request for action concerning the Digital Services Coordinator of establishment
- Recital 129 – The Board’s ability to refer matters to the Commission
- Recital 130 – Joint investigations between Digital Services Coordinators and other competent authorities
- Recital 131 – Necessity for an independent advisory group at Union level, the European Board for Digital Services
- Recital 132 – The role of the European Board for Digital Services (1/3)
- Recital 133 – The role of the European Board for Digital Services (2/3)
- Recital 134 – The role of the European Board for Digital Services (3/3)
- Recital 135 – The Commission’s participation in the European Board for Digital Services
- Recital 136 – The Board to rely on the expertise and human resources of the Commission and of the competent national authorities
- Recital 137 – The Commission, in cooperation with the Digital Services Coordinators and the Board, to develop Union-level expertise and capabilities for supervision and enforcement
- Recital 138 – The Commission’s role for investigations and enforcement
- Recital 139 – Coordination between the Commission, the Digital Services Coordinators and the Board
- Recital 140 – The Commission to have strong investigative and enforcement powers
- Recital 141 – The Commission’s investigatory power, including the power to request information
- Recital 142 – The Commission to have powers to impose interim measures
- Recital 143 – Commission’s entitlement to appoint independent external experts and auditors for assistance
- Recital 144 – Compliance to be enforceable by means of fines and periodic penalty payments
- Recital 145 – Action plans to terminate and remedy infringements
- Recital 146 – Opportunity to submit observations, access to the file and confidentiality
- Recital 147 – National authorities to have all necessary information to ensure that their decisions do not contradict the Commission’s decisions under the DSA
- Recital 148 – Information sharing system to be implemented for effective enforcement, monitoring, and communication between Digital Services Coordinators, the Board and the Commission
- Recital 149 – Service recipients’ right to turn to representation
- Recital 150 – Commission to carry out general evaluation of the DSA
- Recital 151 – Commission’s implementing powers
- Recital 152 – Adoption of delegated acts to supplement the Commission’s powers to fulfil the objectives of the DSA
- Recital 153 – Interplay with fundamental rights
- Recital 154 – Justification for the limit to the period after which the DSA applies to the relevant providers
- Recital 155 – Achieving the DSA’s objectives at Union-level
- Recital 156 – Consultation of the European Data Protection Supervisor
Recital 10
The DSA is without prejudice to other acts of Union law regulating the provision of information society services, consumer protection and private international law, etc.*
This Regulation should be without prejudice to other acts of Union law regulating the provision of information society services in general, regulating other aspects of the provision of intermediary services in the internal market or specifying and complementing the harmonised rules set out in this Regulation, such as Directive 2010/13/EU of the European Parliament and of the Council including the provisions thereof regarding video-sharing platforms, Regulations (EU) 2019/1148, (EU) 2019/1150, (EU) 2021/784 and (EU) 2021/1232 of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council, and provisions of Union law set out in a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters and in a Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings.
Similarly, for reasons of clarity, this Regulation should be without prejudice to Union law on consumer protection, in particular Regulations (EU) 2017/2394 and (EU) 2019/1020 of the European Parliament and of the Council, Directives 2001/95/EC, 2005/29/EC, 2011/83/EU and 2013/11/EU of the European Parliament and of the Council, and Council Directive 93/13/EEC, and on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council.
This Regulation should also be without prejudice to Union rules on private international law, in particular rules regarding jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as Regulation (EU) No 1215/2012, and rules on the law applicable to contractual and non-contractual obligations. The protection of individuals with regard to the processing of personal data is governed solely by the rules of Union law on that subject, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation should also be without prejudice to Union law on working conditions and Union law in the field of judicial cooperation in civil and criminal matters. However, to the extent that those Union legal acts pursue the same objectives as those laid down in this Regulation, the rules of this Regulation should apply in respect of issues that are not addressed or not fully addressed by those other legal acts as well as issues on which those other legal acts leave Member States the possibility of adopting certain measures at national level.
* This title is an unofficial description.