Who does the DSA apply to?
Questions & Answers
The DSA applies to almost all digital services that operate in or provide services to users in the European Union.
The Digital Services Act (DSA) applies to almost all digital services that either operate in the European Union, or that provide services to users in the EU.
A key principle of the DSA is that if you have users in the EU you are in scope. This is regardless of where the company may be based. As an example, a US based marketplace must comply with the DSA if it has any active users in the EU.
Of note, obligations vary by size. Companies are split between:
Micro and small enterprise (fewer than 50 employees and less than €10 million.
Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSE) - where there are more than 45 million Monthly Active Recipients, which is deemed as being exposed to content and does not require logging in.
Both VLOPS and VLOSE face more stringent duties that include systematic risk assessments and independent audits and crisis response plans.
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