The European Union’s Digital Services Act (DSA) introduces new regulations for online services. If your business operates outside the EU but serves EU customers, you must now appoint a “legal representative”. This article explains why this requirement is important and how it helps your business stay compliant with the DSA.
DSA
The DSA regulates online intermediaries, including:
- Online platforms that bring together sellers and consumers such as online marketplaces, app stores, collaborative economy platforms and social media platforms.
- Hosting services such as cloud and web hosting services (also including online platforms).
- Intermediary services offering network infrastructure, such as internet access providers and domain name registrars (also including hosting services).
All online intermediaries offering their services in the single market, whether they are established in the EU or outside, will have to comply with the new rules.
The Mandate of a Legal Representative:
One of the obligations under the DSA includes appointing a legal representative in the EU. Article 11 of the DSA specifies that non-EU online intermediary service providers must appoint a legal representative. This designation must be made in writing and should be accessible on your business website to inform users and regulatory bodies about the appointed representative.
The Role and Responsibilities:
The legal representative is not a mere formality; they bear significant responsibilities and authority. Mandated by the online service provider, the legal representative becomes the primary legal contact for EU Member state authorities, the Commission, and the European Board for Digital Services.
Notification Requirements:
Providers must notify the Digital Services Coordinator in the EU Member state where the legal representative is established. This notification should include essential details such as the legal representative’s name, address, email, and telephone number, with keeping this information updated being crucial for effective communication channels.
Liability of the Legal Representative:
The legal representative may be held liable for breaches of intermediary service providers’ obligations under the DSA. This accountability, while reinforcing compliance, does not diminish the primary responsibility of the service provider.
How can we help?
The deadline to appoint your legal representative under the DSA was February 17, 2024. Failure to comply can result in penalties and fines. For those in need of assistance with EU legal representation, feel free to reach out to us for a free consultation.
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