Digital Services Act: A Reform of the e-Commerce Directive and Much More

prepared for A Savin, Research Handbook on EU Internet Law (2022)

22 Pages Posted: 27 Sep 2022 Last revised: 13 Oct 2022

See all articles by Sebastian Felix Schwemer

Sebastian Felix Schwemer

University of Copenhagen, Centre for Information and Innovation Law (CIIR); University of Oslo, Norwegian Research Center for Computers and Law (NRCCL)

Date Written: October 10, 2022

Abstract

This article is based on the final negotiated text of the Digital Services Act (DSA) and serves as a starting point for the in-depth analysis of the DSA's comprehensive framework regarding liability exemptions, due diligence obligations and its enforcement system.

It briefly presents the background and legislative history of the DSA, the DSA's legal design and explores the overhaul of the e-Commerce Directive's liability exemption principles, which amount to a nuanced and complex picture regarding the continuation of the existing framework for "mere conduit", "caching" and hosting functions. Furthermore it discusses the novel due diligence obligations and their relation to the liability exemption framework as well as overlaps between the DSA and other legislative frameworks.

Keywords: Digital Services Act, e-Commerce Directive, Intermediary liability, Platform Regulation

Suggested Citation

Schwemer, Sebastian Felix, Digital Services Act: A Reform of the e-Commerce Directive and Much More (October 10, 2022). prepared for A Savin, Research Handbook on EU Internet Law (2022), Available at SSRN: https://ssrn.com/abstract=4213014 or http://dx.doi.org/10.2139/ssrn.4213014

Sebastian Felix Schwemer (Contact Author)

University of Copenhagen, Centre for Information and Innovation Law (CIIR) ( email )

Karen Blixens Plads 16
Copenhagen, 2300
Denmark

HOME PAGE: http://jura.ku.dk/schwemer

University of Oslo, Norwegian Research Center for Computers and Law (NRCCL) ( email )

Karl Johans gt. 47
Domus Academica
Oslo, Oslo 0130
Norway

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
727
Abstract Views
2,008
Rank
67,089
PlumX Metrics