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Digital Services Act – A Checklist for Hosting Services Provider

Starting February 17, 2024, the Digital Services Act (“DSA”) will apply to providers of digital intermediary services that have a substantial connection to the EU (see in more detail here).

This bulletin focuses on the providers of hosting services, which will have a large array of new obligations. “Hosting services” under the DSA include all services that store content, regardless of whether that content is disseminated to the public or to individual third parties. This is the case when any information provided by users is stored on their behalf.

The following is a brief compliance checklist outlining key tasks that hosting service providers may need to implement:

  • Updating the contact section on the website with the designated single points of contact for authorities and recipients of the service;
  • Reviewing and, where necessary, revising terms and conditions: These should explain how the organisation controls illegal content and content that is incompatible with their terms and conditions. They should also explain what content is prohibited or unwanted in the service, and how prohibited or unwanted content will be dealt with (blocking, deletion, suspension of accounts etc.);
  • Annual publication of transparency reports on “any content moderation that they engaged in during the relevant period” on their website;
  • Putting mechanisms in place to allow any person or entity to notify the hosting service provider of illegal content in an easily accessible and user-friendly manner, exclusively by electronic means;
  • Establishing a process that permits proactive notifications of crimes that involve a threat to the life or safety of a person or persons;
  • Establishing a “Statement of Reasons” process, for example by creating templates which enable the provider to provide clear and specific reasons for any restrictions imposed on service recipients or suspensions or terminations of a user account due to illegal content or violation of the terms and conditions.

It should be noted that the specific obligations for each hosting service provider can vary slightly depending on the circumstances.

For more information and assistance related to compliance with the Digital Services Act, please reach out to us at ERM.


The review was written by Rotem Perelman – Farhi, Partner and Heads of the firm’s Technology, IP & Data Department and Dr. Laura Jelinek, Associate in the the firm’s Technology, IP & Data Department.


* This newsletter is provided for informational purposes only, is general in nature, does not constitute a legal opinion or legal advice and should not be relied on as such. If you are seeking legal advice, it is essential to review the specific facts of each case in detail with a qualified lawyer.

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