DSA: Scope and Definitions
Scope and Definitions [Art 2-3]
Rule: The DSA applies to intermediary services offered to recipients in the EU, regardless of where the provider is established.
Who Must Comply? [Art 2]
The DSA applies to intermediary services offered to recipients in the Union.
| Service Type | Definition | Examples |
|---|---|---|
| Mere conduit | Transmission/access service | ISPs, VPNs, WiFi providers |
| Caching | Automatic, intermediate, temporary storage | CDNs, proxy servers |
| Hosting | Storage of information at recipient’s request | Cloud storage, web hosting |
| Online platform | Hosting + dissemination to public | Social networks, marketplaces |
| Online search engine | Indexing and searching all websites | Google, Bing, DuckDuckGo |
| VLOP/VLOSE | Platform/search with 45M+ EU users | Meta, Google, Amazon, TikTok |
Key Definitions [Art 3]
| Term | Definition |
|---|---|
| Intermediary service | Mere conduit, caching, or hosting service |
| Recipient | Any natural or legal person using the service |
| Consumer | Natural person acting outside trade/profession |
| Illegal content | Information violating EU or Member State law |
| Online platform | Hosting service that stores and disseminates to public |
| Online marketplace | Platform allowing consumers to conclude contracts with traders |
| VLOP | Online platform with 45M+ average monthly EU recipients |
| VLOSE | Online search engine with 45M+ average monthly EU recipients |
| Content moderation | Activities to detect, identify, address illegal/T&C-violating content |
| Recommender system | System suggesting information to recipients (ranking, selection) |
| Advertisement | Information designed to promote a message, with payment |
Territorial Scope [Art 2(1)]
DSA applies when:
- Provider established in EU, OR
- Provider not in EU but offers services to EU recipients
Offering services to EU recipients means:
- Significant number of EU users, OR
- Activities targeted toward EU Member States (language, currency, domain)
What’s NOT Covered [Art 2(4)]
The DSA does not apply to:
- Services not intermediary services
- Services covered by other EU sectoral legislation (where that legislation applies)
Cumulative Obligations
Obligations are cumulative — each higher tier includes all lower tier obligations:
All intermediary services
└── + Hosting services
└── + Online platforms
└── + Online marketplaces
└── + VLOPs/VLOSEs (45M+ users)