ABCDEFGHIJKLMNOPQRSTUVW
1
ArticleProvisionProvider Type (other than VLOSE)*Provider Size (DSA Terminology)Notes
2
4Mere Conduit content liability immunityMere Conduit (a)All (providers of intermediary services)
3
5Caching Service content liability immunityCaching Service All
4
6 (all)Hosting Service content liability immunityHosting Service All
5
6.3 (with exceptions)Marketplace hosting immunityMarketplaces All
6
7No loss of immunity just because provider carries out voluntary investigations regarding illegal contentAllAll
7
8No general obligation to monitor illegal activityAllAll
8
9Obligation to respond to judicial and administrative orders to act against a specific item of illegal contentAllAll
9
10Obligations to respond to judicial and administrative orders to provide information about recipientsAllAll
10
11Obligation to establish a point of contact for authoritiesAllAll
11
12Obligation to establish a point of contact for recipientsAllAll
12
13Obligation for non-EU established intermediary services to designate a legal representative with ability to comply with legal requirements and liability for failing to do soAll All R 44 says "It should be possible thatfor a legal representative isto be mandated, in accordance with national law, by more than one provider of intermediary services."Rejected Parliament exception for small, micro and medium enterprises
13
14Obligation to provide clear and accessible T&Cs about content moderation, algorithmic decision-making and human review, and apply T&Cs in line with the CharterAllAllSome additional duties for VLOP/VLOSE, including translating to all Member State languages
14
15Obligation to publish yearly transparency reportsAll, with additional obligations for hosts in Art 15(b) to report Art 16 noticesAll but non-VLOP micro and small
15
16Obligation to implement easy to access and user-friendly notice mechanisms for illegal contentHosting ServiceAllSubject to Commission Standards under Art 44
16
17Notice to users: Obligation to inform the recipient of the removal or any restriction on visibility of content, and to state reasons.Hosting ServiceAllSubject to Commission Standards under Art 44
17
18Notify law enforcement of information regarding criminal threats to life or safetyHosting Service AllWhy just hosts?
I thought this had a micro/small exception in pre-trilogue drafts, also.
18
19(Explains carve-outs for small and micro enterprises in Section 3, Articles 19-28)AllMicro or small
19
20Appeals: Obligation to provide access to internal complaint handling system for at least 6 months following removal/suspension/termination decision.Online Platforms All but non-VLOP micro or smallOnly hosts must give users notice, but all online platforms provide appeals?
Presumably subject to Commission Standards under Art 44
20
21Obligation to provide for a certified out-of-court dispute settlement in content disputes.Online PlatformsAll but non-VLOP micro or small
21
22Obligation to process trusted flagger notices with priority and without delay.Online PlatformsAll but non-VLOP micro or smallSubject to Commission Standards under Art 44
22
23Obligation to suspend users who frequently provide manifestly illegal content and to who frequently submit manifestly unfound notices or complaints.Online PlatformsAll but non-VLOP micro or small
23
24Transparency ReportingOnline PlatformsAll but non-VLOP micro or small
EXCEPT:
- micro and small must report user numbers under 24(3) and (4)
- special rules for VLOPs
24
25Dark PatternsOnline PlatformsAll but non-VLOP micro or small
25
26Ads DisclosuresOnline Platforms with AdsAll but non-VLOP micro or smallSubject to Commission Standards under Art 44, Codes of Conduct under Art 47
26
27Recommendation System TransparencyOnline Platforms with Recommendation SystemsAll but non-VLOP micro or smallSubject to Commission Standards under Art 44
27
28Protections for MinorsOnline Platforms Accessible to Minors All but non-VLOP micro or smallSubject to Commission Standards under Art 44
28
29(Explains carve-outs for small and micro enterprises from online marketplace rules in Section 4, Articles 29-32)MarketplacesAll but non-VLOP micro or small
29
30Traceability of traders MarketplacesAll but non-VLOP micro or small
30
31Compliance by designMarketplacesAll but non-VLOP micro or small
31
32Duty to Inform Users of ViolationsMarketplacesAll but non-VLOP micro or small
32
33Defining Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs)VLOPs/VLOSEsVLOPs/VLOSEs
33
34Risk AssessmentsVLOPs/VLOSEsVLOPs/VLOSEs
34
35Risk MitigationsVLOPs/VLOSEsVLOPs/VLOSEs
35
36Crisis Response MechanismsVLOPs/VLOSEsVLOPs/VLOSEs
36
37AuditsVLOPs/VLOSEsVLOPs/VLOSEsSubject to Commission Standards under Art 44
37
38Recommender System Non-Profiling OptionVLOPs/VLOSEsVLOPs/VLOSEsSubject to Commission Standards under Art 44
38
39Additional online advertising transparency VLOPs/VLOSEsVLOPs/VLOSEsSubject to Commission Standards under Art 44 as to interoperability
39
40Researcher Data AccessVLOPs/VLOSEsVLOPs/VLOSEsSubject to Commission Standards under Art 44
40
41Create Internal Compliance Department and OfficersVLOPs/VLOSEsVLOPs/VLOSEs
41
42Additional Transparency ReportingVLOPs/VLOSEsVLOPs/VLOSEs
42
43Supervisory FeeVLOPs/VLOSEsVLOPs/VLOSEs
43
44Commission to Set Standards for Applying ArticlesVarious -- see notes columnVarious -- see notes column
44
45Codes of Conduct (existing and future)"Voluntary" but for VLOPs relevant to Art 35, 37, 41 All
45
46Advertising Codes of Conduct"Voluntary" for "providers of online platforms and other relevant service providers"All
46
47Codes of conduct for accessibilityPresumable voluntary for "providers of online platforms and other relevant service providers"All
47
48Crisis Protocols for "extraordinary circumstances affecting public security or public health"- "Voluntary"
- Commission "shall aim to ensure" that ALL providers of intermediary services designate a point of contact
- Commission "shall encourage and facilitate" VLOP/VLOSE and "where appropriate" other online platform and search engine involvement in drawing up and testing protocols		Varies, see column C
48
49
50
* I have included VLOSE where obvious, but not checked every article for VLOSE application.
51
NOTE: This is a draft and may have errors. Comments welcome!
52
53
54

Medium enterprises are those “which employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million.”
“[A] small enterprise is defined as an enterprise which employs fewer than 50 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 10 million.”
“[A] microenterprise is defined as an enterprise which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million.”
Per https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32003H0361
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100