The EU Digital Services ACT

The EU Regulation on a Single Market for Digital Services (Digital Services Act, the ’DSA’) is a comprehensive legal framework to regulate digital services and to tackle illegal activity online across the European Union. The DSA represents one of the main pillars of the EU’s reform of the digital single market. It applies horizontally to online intermediaries operating in the EU, including online platforms such as social media, video-sharing platforms, online marketplaces, and search engines.

The EU Digital Services Act: A Commentary serves as a reference work on the DSA, written by experts who have been closely involved in all steps of the law-making process, from the preparation of the proposal to the final negotiations, as well as its subsequent elaboration and application. This commentary provides a comprehensive article-by-article analysis that will allow the reader to navigate the provisions of this new, complex legal act. While being novel, the DSA does not enter a completely unchartered territory: numerous provisions draw inspiration from, or are applied together with, the provisions of other Acts and areas of EU law. This Commentary explores the jurisprudential origins of the provisions of the DSA and their articulation with other EU Acts, which will be essential for its interpretation and application.

With a foreword by Maciej Szpunar, the First Advocate General at the EU Court of Justice, The EU Digital Services Act: A Commentary strikes a balance between a practical commentary and an academic analysis, and is aimed at legal practitioners, academics, and public authorities.

Folkert Wilman, Member of the Legal Service of the European Commission, European Commission, Saulius Lukas KalÄda, Judge, General Court of the European Union, Paul-John Loewenthal, Member of the Legal Service of the European Commission, European Commission

Dr Folkert Wilman has been a member of the European Commission’s Legal Service since 2009, having previously worked as a qualified lawyer in the Netherlands and Brussels. He holds a PhD in European law and completed masters in both European law and political sciences. Wilman specialises in matters relating to the EU’s digital single market, with a particular focus on tackling illegal online content and enforcement-related matters. He has authored monographs on the private enforcement of EU law and on the responsibility of online intermediaries for illegal content, published numerous academic articles, and regularly teaches on these topics.

Dr Saulius Lukas Kal?da is a judge at the General Court of the European Union. Prior to his judicial appointment, he served as a Legal Secretary at the Court of Justice of the EU and, subsequently, as a member of the European Commission’s Legal Service where he was notably responsible for the EU’s digital legislation. He is a graduate of Vilnius University (Lithuania) and is a senior lecturer at the Jagiellonian University (Kraków, Poland). He published on various topics of EU institutional law and digital regulation. His current research is focused on the EU remedies in the area of new technologies.

Paul-John Loewenthal is a member of the European Commission’s Legal Service. He has represented the Commission in over 250 cases before the EU courts, national courts, and international tribunals. He has worked on all recent legislative proposals in the digital field, including the Digital Services Act, Digital Markets Act, Artificial Intelligence Act and Data Act. He previously worked as a law clerk at the EU Court of Justice, as an attorney at an international law firm, and as a lecturer at Harvard University and the University of Oxford. He holds degrees from Harvard Law School, the University of Oxford, and Leiden University.