Questions and answers about the Digital Services Act

For example, if you publish content on platforms or trade through an online platform, you have the right to be informed of and have the reasons for any restrictions of service use explained to you. If you report illegal content, the service provider must deal with the matter and inform you of its decision. 

Under the DSA, digital services also have stricter obligations to ensure the transparency of advertising and recommendation systems as well as the protection of minors online.

If you come across an online service with content, products or services you think might be illegal, you have the right to report your observation to the provider of the online platform or hosting service. The service provider must have an easy-to-use mechanism for receiving such reports.

You are entitled to receive from the service provider

• an acknowledgement of receipt of your report if you included your contact information in it
• information about the decision the service provider made on the basis of your report
• information about whether automated tools were used to process or make decisions on your report.

If you are not satisfied with the decision, you have the right to contact the service provider to request redress. To this end, the online platform must provide an efficient and free-of-charge internal complaint-handling system.

If you have contacted the service provider but had problems with the service provider’s procedure, you can contact Traficom.

No. Illegal content is defined in other national or EU laws. For example, terrorist content or material related to the sexual exploitation of children have been defined as illegal in EU-level statutes. Content that is defamatory, violates another person’s privacy, infringes copyrights or involves unlawful marketing may also be illegal.

No. You can report suspected illegal content to the provider of the online platform or hosting service where you found the content. The service provider must have an easy-to-use mechanism for receiving such reports.

If harmful content is not illegal, it is not treated in the same way as illegal content. The procedures that service providers must follow under the DSA only apply to reports of illegal content. Additionally, the DSA obliges very large multinational platforms to assess and manage risks and to create crisis response mechanisms to prevent large societal harms. These measures must address harmful content in a broader sense, including disinformation and different methods of information distortion.

A platform may impose restrictions if content uploaded by a user is illegal or inconsistent with its terms of use. The service provider must give clear and precise reasons for its decision to restrict content. The reasons must state:

• the facts and circumstances on which the decision is based
• if automated tools have been used in decision-making
• if the decision concerns content that was detected or identified using automated tools
• in cases of illegal content, a reference to the legal grounds for the decision and an explanation of why the information is considered to be illegal on those grounds
• in case of content incompatible with the terms of use, a reference to the contractual grounds for the decision and an explanation of why the information is considered incompatible on those grounds.

Under the DSA, service providers must communicate openly about their moderation decisions. The service must publish reports on all content moderation they engage in at least once a year. The reports must be machine-readable, clear and easy to understand.

Online platforms must additionally submit their decisions to restrict content and the grounds for these decisions to a public database maintained by the Commission.

When a service provider removes or blocks access to content or demotes its ranking, the user who uploaded the content to the online platform may lodge a complaint directly with the service provider. The service provider may restrict content that is illegal or incompatible with the terms of use. In both cases, the person or entity who published the content may lodge a complaint about the decision. If the complaint does not lead to a satisfactory end result, the person or entity who published the content may contest the online platform’s decision either before an out-of-court dispute settlement body or an ordinary court.

If the platform did not provide you with information about the restrictions to which you were subjected or their grounds, you can contact Traficom. Also contact Traficom if the platform fails to inform you about the possibilities of lodging a complaint.

When an online platform suspends or terminates its service provision to a user or closes a user's account on a temporary or permanent basis, the user may lodge a complaint directly with the online platform. A service provider may close or freeze an account because of activities that are illegal or incompatible with the terms of use. If the complaint does not lead to a satisfactory end result, the service user may initiate proceedings to contest the online platform’s decision either before an out-of-court dispute settlement body or an ordinary court.

If the platform did not provide you with information about the restrictions to which you were subjected or their grounds, you can contact Traficom. Also contact Traficom if the platform fails to inform you about the possibilities of lodging a complaint.

When an online platform suspends, terminates or restricts monetary payments, the user can lodge a complaint directly with the online platform. The service provider may restrict payments if the content published by the user is illegal or incompatible with the terms of use. In both cases, the user may complain about the decision. If the complaint does not lead to a satisfactory end result, the service user may contest the online platform’s decision by initiating proceedings either before an out-of-court dispute settlement body or an ordinary court.

If the platform did not provide you with information about the restrictions to which you were subjected or their grounds, you can contact Traficom. Also contact Traficom if the platform fails to inform you about the possibilities of lodging a complaint.

Yes, the rules apply to all services offered within the EU, also if the service provider is established outside the European Union. A service user in Finland can always complain to a Finnish enforcement authority about activities that violate the DSA.

The service user can complain about the actions of very large online platforms by taking the same steps as in the case of other online platforms, in other words, by complaining directly to the platform. To this end, very large online platforms must provide users with access to an internal complaint-handling system in the same way as all other platforms. If there is no internal complaint-handling system, a complaint may be lodged with the supervisory authority. 

Multinational platform giants, including very large social media platforms, are supervised by the European Commission and the authorities of the EU Member State in which the company in question is established. In problems with very large online platforms, you can also contact Traficom, which can forward the report to the competent authority.

An online platform must have an internal complaint-handling system. In this system, a user can request redress, for example, concerning the online platform's decision to remove content or close a user account. The online platform must process complaints in a timely, diligent, non-arbitrary and objective manner.

If you are dissatisfied with the decision issued through the online platform’s complaint-handling system, you can request redress by initiating proceedings before an out-of-court dispute settlement body. You also always have the right to initiate proceedings to contest the decision before a competent general court.

The online platform must clearly state in its decision what the means of redress against the decision are. Users must additionally be informed about the judicial remedies available to them. 

As a user, you also have the right to bring proceedings directly before an out-of-court dispute settlement body or court without first lodging a complaint with the online platform.

There is currently no DSA-compliant out-of-court dispute settlement body in Finland dealing with disputes between digital service providers and users. However, those using services in Finland can still complain to the out-of-court dispute settlement bodies referred to in the DSA located in other EU countries.

Upon request, the national Digital Service Coordinator (in Finland, Traficom) must certify an out-of-court dispute settlement body established in a Member State that meets the DSA requirements. While a certified out-of-court dispute settlement body does not have the power to give rulings that are binding on the parties to the dispute, the service user may ultimately bring proceedings before a general court in the dispute.

The DSA also enables Member States to establish out-of-court dispute settlement bodies to deal with disputes between users and platforms related to content moderation and terminating user accounts. In Finland, provisions on establishing an out-of-court dispute settlement body should be laid down in national law. According to information currently available, Finland is not planning to establish an out-of-court dispute settlement body as referred to in the DSA.

All services falling within the scope of the Digital Services Act are collectively referred to as intermediary services. Different categories of intermediary services are: 

• mere conduit services, such as providing internet access to end-users 
• caching, including content distribution networks, content delivery networks, or provision of reverse proxies or content adaptation proxies
• hosting services, which comprise storing data provided by the service recipient at the recipient's request (including cloud services, online hosting or search engine advertising services).

• online platforms, or hosting service providers who not only store but also disseminate information to unlimited audiences at the service recipient’s request. 

The dissemination of information is also unlimited when the service requires user registration/consent that takes place automatically without a separate human decision or choice.  

Online platforms also include online marketplaces, which bring consumers and traders together to conclude distance contracts. An online marketplace is a digital platform that concludes a contract with the seller, allowing the seller to offer their services or products through the platform in question, such as a website or a mobile application. Online marketplaces may include travel and accommodation reservation sites or sites for trading in second-hand goods.

Online platforms also include multinational tech giants, or very large online platforms and search engines. These services, which have more than 45 million monthly users in the EU, include Facebook, Instagram, Google search engine and Amazon online store.

Online intermediary services provided by public authorities are not excluded from the scope of the Digital Services Act in principle. They fall within the scope of the DSA when a service can be deemed a service within the meaning of the Treaty on the Functioning of the European Union (TFEU) and, in general, an information society service and an intermediary service normally provided for remuneration. The provision of the service is consequently based on a customer relationship and usually subject to a fee. The definition of an intermediary service does not attach any significance to whether the service is public or private.

Certain obligations under the DSA do not apply to micro and small enterprises defined in the relevant European Commission recommendation (2003/361/EY). 

A micro enterprise is a company that has fewer than 10 employees and whose annual turnover or balance sheet total does not exceed EUR 2 million. 

According to the Commission recommendation, a small enterprise is a company that has fewer than 50 employees and an annual turnover or balance sheet total of up to EUR 10 million.

Its size (employee number, turnover and balance sheet total) is not the only factor to be considered when determining if a company is a small enterprise or a micro enterprise. While an enterprise may be quite small when examined in the light of these factors, it may still not meet the criteria for the definition of a small or micro enterprise if it has substantial additional resources at its disposal, for example, because it is owned by, connected to or in a partnership with a larger enterprise. 

A case-by-case analysis of companies with a more complex structure may be required to ensure that only those in keeping with the spirit of the Commission recommendation are deemed small or micro enterprises. A company is autonomous if it is totally independent; in other words, it has no participation in other enterprises and no enterprise has participation in it, or it has a holding of less than 25% of the capital or voting rights in one or more other enterprises and/or any external parties have a stake of no more than 25% of the capital or voting rights in the enterprise. 

Very large online platforms and search engines are services with more than 45 million monthly users in the EU. They include Facebook, Instagram, Google search engine, Tiktok and Amazon. The European Commission designates services that meet the definition of a very large online platform or search engine. The activities of tech giants are supervised by the European Commission together with the authority of the country where each company's headquarters are established. No very large online platform is headquartered in Finland.

The rules also apply to service providers established outside the European Union that provide their services in the EU. If they are not established in the EU, they must designate a legal representative. Many companies already have to do this due to an obligation imposed by other laws. If a non-EU company does not designate a legal representative, complaints against it can be handled by an enforcement authority in any EU country.

Under the Digital Services Act, various entities can apply for the status of a trusted flagger. The purpose of trusted flaggers is to combat illegal content on the Internet. Online platforms must treat reports from trusted flaggers of illegal content with priority and without delay.

Each EU Member State has one or more authorities tasked to ensure that companies established in that country comply with the DSA when providing their services. These authorities also receive citizens’ enquiries and complaints. If a well-founded complaint from a user concerns a company located in another country, the authority will forward it to the authority in the correct Member State for a decision.

The main DSA enforcement authority in Finland is Traficom. Certain obligations are supervised by the Consumer Ombudsman and the Data Protection Ombudsman. Very large digital platforms, which are subject to the strictest and most extensive obligations under the DSA, are supervised by the European Commission.

If the enforcement authority finds that the Digital Services Act has been infringed, it may agree with the service provider on how the situation will be remedied, or issue an order to this effect. If the service provider does not remedy the violation, the authority may apply a penalty payment or fine.

The DSA enforcement authority may oblige the service provider that infringes the Act to terminate and remedy their infringements or negligence within a reasonable period of time.

The necessary remedies may also be negotiated between the authority and the service provider. The service provider may give the authority a commitment in which it assures that it will undertake the necessary remedies. If the service provider breaches its commitment, the authority may reopen the investigation. Cases where the authority has accepted a commitment on the basis of incomplete, incorrect or misleading information may also be re-opened. 

The enforcement authority may enhance its decision or order by applying a periodic penalty on the service provider. The periodic penalty is applied for each day of delay in complying with the remedies. The maximum amount of the penalty is 5% of the service provider's turnover for each day of delay. This amount is calculated based on the average daily worldwide turnover for the financial year preceding the decision to apply the penalty.

If the service provider intentionally or negligently infringes or neglects certain provisions under the DSA, the enforcement authority may apply a fine. The maximum fine may amount to 6% of the service provider's worldwide turnover in the previous year. Applying a fine is a significant administrative measure intended as the last resort in the most serious cases of non-compliance with the DSA.

In questions related to application of the DSA, you can contact Traficom's Data Economy Network by filling in the form.