Summary: Digital Services Act and Digital Platforms

This paper by Julienne Te, LL.M, provides an overview of the EU Digital Services Act (DSA) and its impact on digital platforms, particularly in the context of intellectual property enforcement. It explains how platforms must respond to IP infringement, ensure transparency, and provide user rights protections—especially for large platforms like YouTube or Amazon. The paper highlights how the DSA reshapes online IP enforcement through stricter obligations and greater accountability.

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Digital platforms have become an enormous part of our everyday lives. Nowadays, users are more empowered than ever to create and share their own content, exchange ideas, and stay connected across countries. Whether through social media, marketplaces, or search engines, these platforms have undoubtedly become part of how we interact with the rest of the world.

But what happens when the use of digital platforms implicates intellectual property (IP) issues? Consider a user uploading copyrighted material—like a popular movie or a song—to a platform like YouTube. Such actions, while sometimes done without harmful intention or for simple entertainment, can give rise to legal challenges over how intellectual property rights are protected in the digital age.

As part of its efforts to address these digital challenges, the EU Commission established the Digital Services Act (DSA) to govern online platforms. Under this Act, platforms are required to fulfill certain obligations to create a safer online space for consumers.

Some of these key provisions relate to strengthening of IP rights through transparency obligations and the prompt removal of infringing content. As a result of these obligations, the DSA has reshaped how IP rights are enforced online through stricter content-related duties for platforms and clearly defined user rights. We discuss some of these IP-related obligations below.

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