DSA: Enforcement and Penalties
Enforcement and Penalties [Art 49-52]
Rule: The DSA is enforced by national Digital Services Coordinators for most providers, with the Commission directly supervising VLOPs/VLOSEs. Penalties can reach 6% of global annual turnover.
Enforcement Structure
| Provider Type | Enforced By |
|---|---|
| Most intermediaries | Digital Services Coordinator (DSC) of establishment |
| VLOPs/VLOSEs | European Commission (exclusive for systemic provisions) |
| Cross-border issues | Cooperation between DSCs + Commission |
Digital Services Coordinators [Art 49]
Each Member State designates one DSC with:
| Power | Description |
|---|---|
| Investigate | Request information, conduct inspections |
| Order compliance | Require cessation of infringements |
| Accept commitments | Make commitments binding |
| Impose penalties | Fines and periodic penalty payments |
| Request interim measures | Urgent action where risk of serious harm |
Commission Powers for VLOPs [Art 51, 66]
The Commission has exclusive powers for VLOPs/VLOSEs regarding:
- Risk assessment and mitigation (Art 34-35)
- Independent audits (Art 37)
- Recommender transparency (Art 38)
- Ad repositories (Art 39)
- Data access (Art 40)
- Compliance function (Art 41)
- Enhanced transparency (Art 42)
Penalties [Art 52]
Maximum Fines
| Violation Type | Maximum Fine |
|---|---|
| DSA provisions | 6% of global annual turnover |
| Incorrect/misleading information | 1% of annual turnover |
| Failure to submit to inspection | 1% of annual turnover |
Periodic Penalty Payments [Art 52(3)]
To compel compliance:
- Up to 5% of average daily worldwide turnover per day
- Calculated from date specified in decision
Fine Calculation Factors [Art 52(4)]
When setting fines, authorities consider:
| Factor | Consideration |
|---|---|
| Gravity | Nature, seriousness, duration |
| Intent | Intentional vs negligent |
| Previous infringements | Repeat offender status |
| Size | Financial strength of provider |
| Cooperation | Level of cooperation with authorities |
| Third party liability | Third party responsibility |
| Other factors | Any other relevant circumstances |
Enforcement Timeline
- Investigation — DSC or Commission investigates
- Statement of objections — Provider informed of findings
- Right to be heard — Provider can respond
- Decision — Infringement decision + penalty
- Appeal — Judicial review available
Notable Enforcement Actions
Since DSA came into force (2024):
| Year | Target | Issue | Status |
|---|---|---|---|
| 2024 | X (Twitter) | Blue check changes, transparency | Investigation |
| 2024 | TikTok | Minor protection, addictive design | Investigation |
| 2024 | Meta | Election integrity | Investigation |
| 2024 | AliExpress | Illegal products, risk assessment | Investigation |
Individual Remedies
Individuals can:
- Report to DSC — Submit complaint about platform compliance
- Judicial remedy — Sue in national courts
- Compensation — Seek damages for harm caused
Service Restriction [Art 51(3)]
As a last resort, Commission may request court-ordered:
- Temporary restriction of service access
- Only where serious and irreparable harm
- Only where other measures insufficient