1. Which are the intermediary digital services regulated by the Act?
The Digital Services Act (DSA) regulates intermediary digital services, such as online platforms for the sale of products or services, app stores, social media, online search engines, and internet access services. Essentially, these are services that connect internet users with goods, services, and content.
The categories of intermediary digital services for which the Act imposes obligations are the following:
- Mere conduit services, e.g., internet access, internet exchange points, domain name registrars, virtual private networks.
- Caching services, e.g., content delivery networks, reverse proxies.
- Hosting services, e.g., web hosting, cloud computing.
- Online platforms, e.g., social media, online marketplaces, app stores.
- Very large online platforms/search engines (VLOP/VLOSE). These are platforms/search engines with more than 45 million average monthly active users in the EU. They are designated by the European Commission and are subject to a stricter set of rules.
More information on these specific platforms/search engines
2. What is the Digital Services Act? Why is it important for users;
The Digital Services Act (DSA) aims to protect users of intermediary digital services from illegal/harmful content and disinformation, safeguarding effectively their fundamental rights online.
In this context, DSA establishes rules for intermediary digital services (e.g., online platforms for the sale of products or services, social media, app stores) which are provided to users residing in the EU, regardless of whether the provider’s country of establishment/headquarters is in the EU or not.
With the Act:
- a system of obligations is created for providers, aiming at removing illegal content or disabling access to it,
- it is ensured that user-friendly tools are provided to allow users to submit reports on illegal content, goods, or services to providers of intermediary digital services, as well as to challenge the providers’ relevant decisions,
- providers are required to justify restrictions they impose on content that they deem illegal or contrary to the service’s terms of use,
- users are given the ability to challenge providers’ decisions that impose restrictions on content on the grounds that the content is illegal or contrary to the service’s terms of use,
- the level of protection for minors is enhanced in cases where they have access to intermediary digital services,
- transparency is ensured regarding the way advertisements are displayed and targeted,
- the use of personalized advertising that involves sensitive personal data of users is prohibited,
- personalized advertising aimed at minors is prohibited,
- transparency measures are imposed regarding recommender systems used by platformsto present content or product purchase suggestions tailored to the users’ interests,
- users who experience online harassment are protected
3. Which intermediary service providers must comply with the Act?
All providers of intermediary digital services, e.g., online platforms for the sale of products or services, app stores, social media, must comply with the Act.
Important note:
- The Act establishes rules for digital services that are provided to users residing in the EU, regardless of whether the provider’s country of establishment/headquarters is in the EU or not.
- Not all providers have the same obligations. Depending on their size and the type of services they provide, different obligations are stipulated. Very large online platforms and search engines (VLOPs and VLOSEs) have the most obligations due to their significant social and economic impact, as they have more than 45 million users per month in the EU
4. What are the responsibilities of EETT under the Act? What is the “Digital Services Coordinator”?
Within the framework of the Digital Services Act (DSA), a single authority is designated in each EU Member State as the “Digital Services Coordinator.” In Greece, with Law 5099/2024 (Official Gazette 48/A/05-04-2024-available in Greek), EETT was assigned the role of “Digital Services Coordinator.”
The main responsibilities of EETT are:
- Oversight of intermediary digital service providers established in Greece to ensure compliance with the Act.
- Imposing sanctions/fines for violations of the Act.
- Handling complaints from users (individuals and businesses) regarding violations of the Act.
- Collecting information from providers regarding compliance with the Act.
- Coordination at the national level and cooperation with other authorities to ensure the implementation of the Act.
- Cooperation with Coordinators from other Member States and the European Commission.
- Participation in the European Board for Digital Services.
- Awarding the status of “trusted flaggers” to entities.
- Certification of out-of-court dispute settlement bodies.
According to Law 5099/2024, in addition to the Digital Services Coordinator, the following authorities are established as competent, with duties of overseeing providers and enforcing specific provisions of the Act (Competent Authorities):
- The National Council for Radio and Television (NCRTV): Oversees the compliance of providers with obligations related to the display of advertisements on online platforms (Article 26, para. 1, points a-c and para. 2) and the adoption of measures for the protection of minors (Article 28, para. 1).
- The Hellenic Data Protection Authority (HDPA): Oversees the compliance of providers with obligations concerning informing users about how advertisements are presented and targeted (Article 26, para. 1, point d and para. 3), as well as the protection of minors’ personal data (Article 28).
5. Which issues are not EETT’s responsibility under the Act?
EETT is not responsible for the following issues:
- Dispute resolution between users and providers of intermediary digital services relating to illegal content within the framework of the Act.
- Examining claims for assessing the amount/compensation against providers of intermediary digital services, for any damage/loss caused to users due to an infringement of the Act.
- Receiving and handling complaints/appeals against decisions of providers of intermediary digital services related to illegal content. It is noted that providers must inform users about the options for appealing decisions related to illegal content. The failure to inform accordingly the user constitutes a violation of the Act.
- Violations of e-commerce legislation (e.g., consumer protection in the context of transactions with online stores, illegal e-commerce of products/services). The Ministry of Development is the competent authority.
- Protection of personal data of users of intermediary digital services. The Hellenic Data Protection Authority (HDPA) is the competent authority.
- Failure of video-sharing platforms to take measures to protect minors or the general public from harmful content, hate speech or child pornography. The National Council for Radio and Television (NCRTV) is the competent authority.
- Notification of criminal offences committed via the internet. The Cybercrime Division of the Hellenic Police and the public prosecution services are the competent bodies.
- Handling complaints in general that do not concern an alleged violation of the Act, but violations of other provisions of national/EU legislation.
Clarification:
EETT does not have the authority to assess and determine whether content violates national/EU legislation.