Abstract

The article explores the pre-emptive effect of the Digital Services Act (DSA) on national regulations within the European Union. The primary objective of the DSA is to enhance safety of the online environment by establishing a standardized set of regulations applicable to online intermediaries throughout the EU. The core argument advanced in this paper posits that the DSA operates as a pre-emptive measure, exerting influence over both existing and prospective national legislations falling within its purview. Consequently, Member States are precluded from maintaining or introducing laws that are in conflict with the provisions of the DSA.
The article underscores the overarching pre-emptive influence wielded by the DSA over national regulatory frameworks pertaining to online intermediaries within the EU. This influence is instrumental in cultivating a uniform and consistent online environment, a departure from the prior state characterized by fragmentation resulting from divergent national laws. By pre-empting conflicting regulations at the national level, the DSA endeavours to establish a harmonized digital landscape that is aligned with its prescribed rules.
In conclusion, the analysis presented in this article underscores the profound impact of the DSA on shaping the regulatory landscape for online intermediaries within the European Union. The article contributes to the broader discourse on the regulatory implications of the DSA, underlining its role in mitigating fragmentation and promoting regulatory consistency across Member States in the context of online intermediaries.