The EU Digital Services Act (Regulation (EU) 2022/2065) came into full effect in February 2024, fundamentally changing the obligations of online platforms operating in the European Union. For users, this means new rights — but only if you know they exist and can identify when a platform's terms fail to reflect them. Very large online platforms (VLOPs) — those with more than 45 million monthly active users in the EU — face the most stringent obligations. But all platforms must update their terms to comply with DSA requirements around content moderation transparency, appeals procedures, and recommender system disclosure. If a platform's terms don't reflect these rights, they may be in breach of the DSA — and you can report them to your national Digital Services Coordinator.
What is a Digital Services Act Compliance?
The Digital Services Act is an EU regulation that sets rules for online intermediaries and platforms — marketplaces, social networks, content-sharing platforms, app stores, and online search engines. It replaces the liability framework in the eCommerce Directive 2000/31/EC and adds new obligations for user protection. Key rights for users include: the right to an explanation when content is removed or restricted; the right to appeal content moderation decisions; the right to opt out of recommender systems based on profiling; transparency about advertising (who is being targeted and why); and the right to know when you are interacting with an AI system.
Red flags to watch for
Under DSA Article 20, all platforms must provide users with an effective internal complaint-handling mechanism when their content is removed, restricted, or demonetised. Terms that allow removal with no appeal violate the DSA.
DSA Article 38 requires that very large platforms offer at least one recommender system option not based on profiling. Terms or settings that make this impossible are non-compliant.
DSA Article 26 requires platforms to clearly explain the parameters used to target you with advertising. Terms that simply say 'we use your data to improve ads' without specifics are insufficient.
Article 17 of the DSA requires platforms to provide a clear statement of reasons when they restrict, suspend, or terminate accounts. Blanket discretion clauses with no explanation requirement are non-compliant.
Very large online platforms must publish annual risk assessments about systemic risks (e.g., disinformation, mental health harms). Terms should reference the platform's DSA transparency reporting obligations.
Your legal rights
Under Regulation (EU) 2022/2065 (the Digital Services Act), EU users have: the right to receive a statement of reasons for content removal or account restrictions (Article 17); the right to use an effective internal complaint mechanism (Article 20); the right to out-of-court dispute settlement through certified bodies (Article 21); the right not to be profiled for advertising based on sensitive categories or presented to minors (Article 26); the right to opt out of profiling-based recommender systems on VLOPs (Article 38). Complaints about DSA violations can be made to the Digital Services Coordinator in your EU member state or to the European Commission for VLOPs.
Questions to ask before you sign
- 1Does this platform provide a statement of reasons when it removes or restricts my content?
- 2Is there an appeals mechanism if I disagree with a content moderation decision?
- 3Can I opt out of the recommender algorithm based on my activity and profile?
- 4What information do you provide about how I am targeted with advertising?
- 5Is this platform classified as a Very Large Online Platform under the DSA, and where can I find your transparency report?
- 6How do I access the out-of-court dispute settlement mechanism if I have a complaint?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.