Abstract

The Digital Services Act (DSA) introduces a model of liability based on the existing foundations laid down in Art. 12–15 of Directive 2000/31/EC on electronic commerce and the Polish Act on the provision of electronic services. However, the existing laws provide merely a starting point for creating a model of liability based on the type and size of an entity. The Act introduces four categories of entities with various levels of regulatory liability. The smallest number of legal obligations will affect so-called intermediaries as long as they are not classified as large and very large entities. Internet platforms, i.e. the entities hosting third party content affecting millions of users throughout the European Union will be most affected by the DSA.The liability model adopted in the European Union is therefore a continuation of the line chosen 20 years ago in Directive 2000/31/EC on electronic commerce. As a result, the EU legislator decided to adopt a more general systemic approach based on specifying due diligence obligations expected from online platform operators rather than establishing a framework dedicated to individual types of illegal content. Legal solutions dedicated to particularly dangerous types of illegal content, such as child pornography or terrorist content, shall therefore remain exceptions to the general rules adopted in the Digital Services Act.