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

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