language: en · status: in-force · last checked: 2026-09-06

Digital Services Act (Regulation (EU) 2022/2065)

The EU's intermediary-liability and due-diligence law, published in the Official Journal on 27 October 2022 (OJ L 277, 27.10.2022, p. 1), in force since 16 November 2022 and applying in full since 17 February 2024 (Art. 93, not extracted). It regulates intermediary services — mere conduit, caching and hosting (Art. 3(g)) — offered to recipients in the Union, with duty tiers that escalate from all intermediaries → hosting services → online platforms → very large platforms.

The TODO flagged this instrument "only if we host user-facing content sharing — assess scope before authoring". The assessment (2026-09-06): a portal that stores school- and pupil-created content is a hosting service — "storage of information provided by, and at the request of, a recipient of the service" (Art. 3(g)(iii)) — so the intermediary/hosting tiers are in frame and are extracted here. Whether it is also an online platform turns on "dissemination to the public": an online platform is a hosting service that "stores and disseminates information to the public" (Art. 3(i)), and dissemination to the public means making information available "to a potentially unlimited number of third parties" (Art. 3(k)) — content shared within closed school organisations is not that; a public content-sharing channel would be. The platform-tier provisions extracted (Arts. 19, 28) are the gate and the minors provision that matter if that line is ever crossed.

Applicability to EdTech

• Hosting-tier duties apply to school-content storage: notice-and-action for illegal content (Art. 16), statements of reasons to affected users (Art. 17, not extracted), points of contact (Arts. 11–12), an EU legal representative for non-EU providers (Art. 13), terms-and-conditions transparency including that restrictions must be applied diligently, objectively and proportionately "with due regard to the rights and legitimate interests of all parties involved" (Art. 14), and annual transparency reporting (Art. 15).
• The liability shield for user content is Art. 6: no liability for stored user content absent actual knowledge, with expeditious removal on obtaining it; and no general monitoring may be imposed (Art. 8).
• If a service ever qualifies as an online platform: micro/small enterprises are excluded from most platform duties (Art. 19), but Art. 28 — high level of privacy, safety and security for minors, and no profiling-based advertising using a minor's personal data (Art. 28(2)) — is the provision a child-facing platform must design for. Art. 28(3) adds that compliance must not force collecting extra personal data to age-assess (Art. 28(3)).

Contents

Scope note: statements of reasons (Art. 17), orders (Arts. 9–10), the full online-platform section (Arts. 20–32), VLOP obligations (Arts. 33–43) and enforcement/Commission machinery can be added with the same tooling if a service crosses the platform line.

Key obligations at a glance

• Run a notice-and-action mechanism: easy electronic notice submission, confirmation, timely diligent non-arbitrary decisions, notification of the decision (Art. 16).
• Publish points of contact for authorities and recipients (Arts. 11–12); non-EU providers designate an EU legal representative (Art. 13).
• State content-moderation policies and tools in the T&C, in clear language — with an extra duty to explain conditions understandably to minors where a service is primarily directed at or predominantly used by them (Art. 14).
• Annual transparency report on moderation activity (Art. 15, with the micro/small exemption in Art. 15(2)).

Enforcement

National Digital Services Coordinators (for most services); Member States must cap fines at 6% of the provider's annual worldwide turnover (Art. 52(3), not extracted; wording checked 2026-09-06). The Commission enforces against very large platforms.

Licence

The corpus reproduces the Official Journal text of Regulation (EU) 2022/2065 (CELEX 32022R2065) from EUR-Lex.

The EUR-Lex legal notice (eur-lex.europa.eu/content/legal-notice/legal-notice.html, read 2026-10-01 in the Internet Archive copy captured that day, because EUR-Lex refuses non-browser clients) says: "© European Union, 1998-2026 The Commission’s document reuse policy is based on Decision 2011/833/EU. Unless otherwise specified, you can re-use the legal documents published in EUR-Lex for commercial or non-commercial purposes." For consolidated texts it adds: "The copyright for the editorial content of this website, the summaries of EU legislation and the consolidated texts, which is owned by the EU, is licensed under the Creative Commons Attribution 4.0 International licence. This means that you can re-use the content provided you acknowledge the source and indicate any changes you have made."

Commission Decision 2011/833/EU on the reuse of Commission documents (OJ L 330, 14.12.2011, p. 39, read in the Publications Office Cellar copy on 2026-10-01) provides in Article 4 that "All documents shall be available for reuse: (a) for commercial or non-commercial purposes under the conditions laid down in Article 6", and Article 6(2) lists the conditions that may be attached: "(a) the obligation for the reuser to acknowledge the source of the documents; (b) the obligation not to distort the original meaning or message of the documents; (c) the non-liability of the Commission for any consequence stemming from the reuse."

Conditions, and how this corpus meets them:

• Acknowledge the source: each extracted provision carries a {.meta} provenance line naming EUR-Lex and the CELEX number, and Sources links the EUR-Lex text.
• Indicate changes: the provision text is unchanged; the changes are the selection of provisions, the Markdown layout and the added anchors, all described in Meta.
• Do not distort the meaning: the text is reproduced verbatim and checked mechanically against the source (see Meta).
• No endorsement or liability: the corpus does not claim that the EU or the Publications Office endorses it, and only the Official Journal text is authentic.

The Commission policy page listed in Sources is cited, not reproduced.

Related

• EU GDPR — Art. 28(2)'s profiling ban imports the GDPR Art. 4(4) definition; both regimes apply cumulatively
• EU AI Act — recommender/moderation systems may engage both

Sources

• EUR-Lex — Regulation (EU) 2022/2065 (DSA), OJ text
• European Commission — DSA overview