Table of Contents
What are Intermediary Services?
Intermediary services represent the foundational layer making internet functionality possible. Virtual private networks, domain registrars, content delivery networks, and basic web infrastructure services fall within this category. These services facilitate digital communication without actively controlling or modifying content flowing through their systems.
Intermediary service roles remain primarily technical rather than editorial, but DSA application continues because they form infrastructure enabling online activity. These services provide digital equivalents of roads, utilities, or postal services enabling other activities.
The regulatory approach balances oversight needs with recognition that overly burdensome requirements could undermine internet infrastructure functionality.
DSA Obligations for Intermediary Services
Intermediary service obligations focus on transparency and cooperation without compromising technical neutrality that makes internet infrastructure function.
▶ Terms of Service and Transparency
Terms of service must clearly explain service functionality, imposed restrictions, and illegal content request handling procedures.
Users and regulatory authorities should understand intermediary service roles in digital ecosystems and response approaches to various request types or concerns.
▶ Contact Information and Legal Representatives
Intermediary services must provide a single, accessible point of contact for user and authority service-related communications. This includes designated contacts for legal notices and regulatory communications.
Non-EU intermediary service providers serving European users require EU-based legal representatives capable of receiving and responding to regulatory communications.
▶ Transparency Reporting Obligations
While detailed transparency report publication isn’t required like larger platforms, intermediary services should nevertheless guarantee the publication of yearly content moderation reports compiling the total number of notices and complaints received, as well as any removal orders received directly from national authorities.
▶ Cooperation with Authorities
Intermediary services should respond appropriately to lawful regulatory authority and law enforcement requests within technical capabilities and legal obligations, as well as promptly inform them if they become aware of any potential criminal offence involving a threat to the life of a person or persons.
This cooperation should balance user privacy rights with legitimate regulatory needs, recognising that technical roles limit reasonable action types.
▶ Fundamental Rights Considerations
Even as basic infrastructure providers, intermediary service operations should consider fundamental rights implications, particularly regarding freedom of expression and privacy. Service policies should avoid unnecessary legitimate communication restrictions while fulfilling legal obligations.
Check obligations that apply to other categories
