Welcome to Privacy Minders: Your Digital Services Act (DSA) Legal Representative under article 13 of the DSA
Do you need to appoint a Legal Representative in accordance with the Digital Services Act (DSA)?
Providers of intermediary services (mere conduit, caching and hosting services) established outside the European Union but offering their services in the European Union must appoint a legal representative.
Types of Services Definition
- Mere conduit services: a ‘mere conduit’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network.
- Caching services: a ‘caching’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, involving the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients upon their request.
- Hosting services: a ‘hosting’ service, consisting of the storage of information provided by, and at the request of, a recipient of the service.
Examples
WLANs, DNS services, Domain Registries, Registrars, Certificate Authorities, VPNs, Online Search Engines, Cloud Infrastructure, CDN’s
What is the role of the DSA Legal Representative?
- Additional or Replacement Contact for national competent authorities, the Commission and the European Board for Digital Services on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to the DSA. For example, the DSA Legal Representative may receive orders, instead or in addition to the Provider, by national judicial or administrative authorities in accordance with articles 9 and 10 of the DSA, to act against illegal content or provide information respectively.
- Providers of intermediary services shall provide their legal representative with necessary powers and sufficient resources to guarantee their efficient and timely cooperation with the Member States’ competent authorities, the Commission and the European Board for Digital Services’, and to comply with such decisions.
- The Representative’s contact details shall be provided to the competent national Digital Services Coordinator and be public as it is necessary to be easily identified by the competent authorities. That information shall be easily accessible and be kept up to date.
Who can be appointed as your DSA Legal Representative, and how?
A natural person or legal entity, appointed through a legal mandate.
DSA Legal Representative Services
- Notification of our appointment to the competent Digital Services Coordinator(s) of our appointment.
- Contact Information Disclosure to the Digital Services Coordinator where the legal representative resides or is established (name, postal address, email address and telephone number).
- Contact Information Availability: the above contact information is made publicly available, easily accessible, accurate and kept up to date.
- Point of Contact to be addressed, in addition or instead of the Provider by the national authorities, the Commission and the Board in all matter necessary for the receipt, compliance and execution of the decisions issued under the DSA and ensuring that such communication is brought to the attention of the Provider in a timely manner.
- Appointment of a head of communication from Privacy Minders.
- Provision of a dedicated email address for internal communication between the Provider of intermediary services and Privacy Minders and external communication with national competent authorities, the Commission and the Board.
- Issuance of a certificate to the Provider confirming Privacy Minders' appointment as the Provider’s legal representative under article 13 of the DSA.
Consequences of not appointing a DSA Representative
Failure to comply with DSA obligations can result in a fine of up to 6% of the provider's annual worldwide turnover from the previous financial year.
Get in Touch with Privacy Minders: Your DSA Legal Representative
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