The EU Digital Services Act Explained for Senior Executives
This free video series works through Regulation (EU) 2022/2065, the EU Digital Services Act (DSA), article by article in English. It is written for senior executives, in-house legal teams and compliance teams at US digital companies that serve users located in the European Union.
The series is organized in three bands. The first nine episodes cover the general framework and the obligations that apply to intermediary, hosting and online platform services. The second band turns to very large online platforms and search engines. The third band deals with supervision, enforcement and remedies.
It is aimed at teams asking whether the EU Digital Services Act applies to US companies. A substantial connection to the Union follows either from establishment there or from factual criteria such as a significant number of recipients relative to the population of the Member States concerned, or activities targeted at them (Art. 3(e)). No establishment in the Union is required.
- How intermediary, hosting and online platform services are defined and delimited
- Which obligations attach to each role, from terms and conditions to transparency reports
- How notice and action, statement of reasons and trusted flagger mechanisms operate
- When the very large online platform threshold applies and how systemic risk assessment works
- How Digital Services Coordinators and the Commission supervise, and which remedies exist
This series is general information on Regulation (EU) 2022/2065 and does not constitute advice on an individual matter. Advice is given on the law of the European Union and on German law, on the basis of admission to the German bar. There is no admission to practice in any jurisdiction of the United States.
Series completed 2026-09-11 · Rechtsanwalt Theo Funk, Rechtsanwaltskammer Bamberg
Episodes 1 to 5 are narrated by the speaker himself. From episode 6 onwards the narration was produced with a voice model trained on his own voice. The script, the slides and every legal statement are his own throughout.
Article Index for the EU Digital Services Act
The table lists the articles discussed in each episode. It follows the order of Regulation (EU) 2022/2065 and can be used to find a single provision.
The Workshop Series on Video
A video series for international companies — concise, practical and legally grounded, on the Digital Services Act.
Band 1: Foundations and General Obligations (Articles 1 to 46)
Episodes 1 to 9 set out the scope of the EU Digital Services Act, the definitions of intermediary service, hosting service and online platform, and the duties that follow from each classification.
This episode introduces Regulation (EU) 2022/2065, its tiered structure, and its relationship to the GDPR, DMA, TCO Regulation and NIS2. It then examines Articles 1 to 3: territorial and material scope, the service hierarchy, and illegal content.
This episode examines the conditional liability exemptions for mere conduit, caching and hosting services under Articles 4 to 6 DSA. It also covers the Good Samaritan clause in Article 7 and the prohibition of general monitoring obligations in Article 8.
This episode covers Articles 9 and 10 DSA on authority orders against illegal content and information orders. It also addresses the baseline duties of Articles 12–15: contact points, legal representatives, terms and conditions, and transparency reports.
This episode examines the notice-and-action mechanism under Articles 16 to 18 DSA, including valid notices, actual knowledge, statements of reasons and criminal offence reporting. It also covers trusted flaggers and priority processing under Article 22.
This episode covers user redress under Articles 20 and 21 DSA: internal complaint handling and certified out-of-court dispute settlement. Topics include the micro and small enterprise exemption and the asymmetric binding force of ADR decisions.
This episode covers Articles 25 to 27 DSA: the prohibition on dark patterns, real-time advertising transparency, and recommender system disclosure. It notes that these obligations apply to all online platforms, with no small-enterprise exemption.
This episode covers Articles 29 to 32 DSA, which apply to online platforms that allow consumers to conclude distance contracts with traders. It explains trader verification, the display of trader information, and notification of buyers of unsafe products.
Episode 8 covers the public advertising repository under Art. 44 DSA: five mandatory fields, one-year retention, and machine-readable public access. It also distinguishes Art. 26 in-stream ad transparency and Art. 40 vetted researcher access.
This episode reviews Band 1 of the DSA and maps obligations across intermediary services, online platforms and marketplaces. It presents a four-layer compliance pyramid, five cross-cutting principles, a scoping decision tree and a preview of Band 2.
Band 2: Very Large Online Platforms and Search Engines (Articles 33 to 43)
Episodes 10 to 17 cover Art. 33 to 43. The duties attach on designation by the Commission under Art. 33, which presupposes at least 45 million average monthly active recipients in the Union, and they take effect four months after the designation is notified: systemic risk assessment and mitigation, independent audit, the advertisement repository and data access.
Working Out Which Category Applies to You
Classification decides which duties apply. Where the boundary between a hosting service and an online platform is unclear for a given product, it can be worth discussing the specific setup rather than the general rule.
Request a callThis episode examines Article 33 DSA, which designates very large online platforms and search engines at 45 million average monthly EU recipients. It covers the designation procedure, the four-month grace period and the Wikipedia case.
This episode examines the annual systemic risk assessment under Article 34 DSA, covering the six-step workflow and the four statutory risk categories. It also addresses the algorithmic scope of Article 34(2) and the audit expectations under Article 37.
This episode covers the Article 35 duty of VLOPs to mitigate risks identified under Article 34 through tailored, effective and proportionate measures. It addresses Article 28 on protection of minors, including profiling-based advertising and age assurance.
This episode covers Article 37 DSA, the annual independent audit of a VLOP's Section 5 obligations. It addresses auditor independence, audit scope and publication of results in the Article 42 transparency report.
This episode covers Articles 38 to 40 DSA: recommender options for very large online platforms, the real-time advertising repository, and vetted researcher access to platform data. It also outlines the six-step workflow for Article 40 data requests.
This episode covers Article 36, the Commission-triggered crisis response mechanism for VLOPs and VLOSEs. It also sets out the election-integrity obligations arising from Article 34(1)(c) civic-discourse risk and Article 35 mitigation measures.
This episode covers Art. 41–43 DSA: the independent compliance function and Chief Compliance Officer, the six elements of the enhanced VLOP transparency report, and the Commission's supervisory fees. The fee base is global annual net revenue, capped at 0.05%.
This capstone episode integrates the VLOP obligations of Articles 33 to 43 into a single compliance map. It covers the annual risk-to-audit-to-disclosure cycle and the governance functions a designated platform maintains.
Band 3: Supervision, Enforcement and Remedies (Articles 49 to 88)
Episodes 18 to 26 cover supervision and enforcement. Supervision rests with the Member State of main establishment, except that the Commission holds exclusive powers for Chapter III Section 5 and shares the remaining powers over designated platforms and search engines with that Member State (Art. 56). The episodes also cover penalties under Art. 52 and Art. 74, the right to complain to a Digital Services Coordinator (Art. 53), and compensation under Art. 54, which applies in accordance with Union and national law.
Approaching the Designation Threshold
The 45 million average monthly active recipients figure in Art. 33 is a moving target, and the duties that follow from designation take time to build. Companies close to that figure often want to look ahead.
Arrange a conversationThis episode maps the DSA's three-tier enforcement structure: Digital Services Coordinators, the European Board, and the Commission's exclusive jurisdiction over VLOPs. It also covers the country-of-origin principle and the Art. 13 EU legal representative.
This episode examines the Digital Services Coordinators: designation under Article 49, independence guarantees under Article 50, and investigative and enforcement powers under Article 51. It also covers the recipient complaint mechanism under Article 53.
This episode examines the European Board for Digital Services under Articles 61 and 63: its advisory status, composition and six core functions. It also covers joint investigations between Digital Services Coordinators under Article 60.
This episode covers the Commission's exclusive enforcement powers over VLOPs and VLOSEs under Articles 64 to 76 DSA. It explains information requests, Article 69 inspections, interim measures, commitments and non-compliance decisions.
This episode examines the DSA's cross-border cooperation mechanisms under Articles 56 to 60. It covers the country-of-origin principle, assistance requests between Digital Services Coordinators, joint investigations, and Board referral to the Commission.
This episode covers Article 54 compensation claims and Article 86 representative actions under the DSA. It contrasts these private enforcement routes with US class actions, addressing standing of qualified entities, available relief, and discovery limits.
This episode covers the DSA sanctions framework: fine maxima under Articles 52 and 74 and periodic penalties under Article 76. It explains the statutory calibration factors and the aggravating and mitigating circumstances applied within those maxima.
The episode covers Article 79 rights of defence and judicial review before the CJEU, including unlimited jurisdiction over fines under Article 81. It also addresses secondary law: delegated and implementing acts, guidelines, codes of conduct and standards.
This capstone episode integrates the DSA enforcement picture across administrative supervision, private claims under Articles 54 and 86, and judicial review. It also outlines a quarterly board risk dashboard and six operational priorities.
When a Supervisory Authority Makes Contact
Requests for information, orders and formal proceedings run on fixed deadlines. If a Digital Services Coordinator or the European Commission is already in touch, an early discussion of the procedural position is useful.
Get in touchFurther Episodes
The workshop series continues. Further videos on in-depth topics around the Digital Services Act and EU digital regulation will follow shortly.
Get in touchQuestions About the EU Digital Services Act
Who does the EU Digital Services Act apply to?
It applies to intermediary services offered to recipients established or located in the Union, whatever the provider's own place of establishment (Art. 2(1)). A provider outside the Union is covered only if it offers services in the Union, and that requires a substantial connection. Art. 3(e) gives examples: a significant number of recipients in one or more Member States relative to their population, or activities targeted at those Member States. Mere technical accessibility of a website from the Union is not enough (recital 8). Art. 3(g) distinguishes mere conduit, caching and hosting services, with further duties for online platforms.
Does the EU Digital Services Act apply to US companies with no establishment in the EU?
Yes, where the service is offered in the Union. That turns on a substantial connection, which Art. 3(e) derives either from establishment in the Union or from factual criteria such as a significant number of recipients relative to the population of the Member States concerned, or activities targeted at them; the list is illustrative rather than closed. A provider with no establishment in the Union that offers services there designates a legal representative in writing in one of those Member States (Art. 13(1)). The designation does not itself create an establishment in the Union (Art. 13(5)), and the representative can be held liable alongside the provider (Art. 13(3)).
Am I an online platform under the EU Digital Services Act?
Art. 3(i) defines an online platform as a hosting service that stores and disseminates information to the public at a recipient's request, unless that is a minor and purely ancillary feature of another service and, for objective and technical reasons, cannot be used without that other service, and its integration is not a means of circumventing the Regulation. Art. 19 exempts micro and small enterprises within the meaning of Recommendation 2003/361/EC from Chapter III Section 3, except for the reporting duty in Art. 24(3). The exemption runs for a further 12 months after that status is lost and never applies to platforms designated under Art. 33.
What is the difference between the EU Digital Services Act and the GDPR?
The two regulations address different subjects. Regulation (EU) 2022/2065 governs intermediary services, illegal content, transparency and the supervision of platforms. Regulation (EU) 2016/679 governs the processing of personal data. Art. 2(4)(g) states that the EU Digital Services Act applies without prejudice to Union data protection law, and supervision sits with different authorities.
What are the penalties under the EU Digital Services Act?
Art. 52 obliges Member States to lay down penalties for providers within their competence; for designated services the Section 5 obligations are enforced by the Commission alone (Art. 56(2)). The national ceiling is 6 percent of annual worldwide turnover for breach of an obligation, and 1 percent for incorrect, incomplete or misleading information, for failing to reply or rectify, or for refusing an inspection (Art. 52(3)). Periodic penalties of up to 5 percent of average daily turnover may be added for each day of continued non-compliance (Art. 52(4), Art. 76). Against designated platforms the Commission may fine intentional or negligent infringements up to 6 percent, in a non-compliance decision under Art. 73 (Art. 74).
Is the video series free, and is registration required?
The series is free. There is no registration, no account and no email address required, and the episodes can be watched in any order. No certificate is issued and no examination is offered. The material is published in English and is intended as general information on Regulation (EU) 2022/2065.