On May 14, 2024, a new law came into effect in Germany, particularly relevant for operators of websites, platforms, and digital services: the Digital Services Act (DSA). Sounds dry? Perhaps. But it's important – and impacts nearly everyone offering digital content. Therefore, it's reason enough to take a calm and clear look at the DSA.
The DSA is Germany's implementation of the European Union's Digital Services Act (DSA). The regulation aims to establish uniform rules for digital services across Europe – particularly with regard to transparency, liability, and consumer protection. The DSA itself has been applicable since early 2024, and the DSA now enables national implementation and elaboration.
What specifically changes?
1. The Telemedia Act (TMG) is no more
Many website operators know the TMG primarily from the imprint: There was usually a reference to "§ 5 TMG". With the enactment of the DSA, § 5 DSA now replaces this paragraph. This means: imprints, general terms and conditions, privacy policies, or other legal texts should be promptly adapted to reference the new law.
2. From TTDSG to TDDDG
The TTDSG (Telecommunications and Telemedia Data Protection Act), which has included digital space data protection regulations since 2021, has also been replaced by a new law: the TDDDG – Telecommunications Digital Services Data Protection Act. Here too: The name is new, many contents remain similar, but it's worth keeping an eye on the changes.
3. More obligations for platform operators and intermediary services
The DSA affects not only traditional websites but also operators of platforms, marketplaces, or hosting services. They must, for example:
- Handle reported content more transparently,
- Provide mechanisms to manage illegal content,
- and publish regular reports on their moderation practices (especially for very large platforms).
Even smaller providers must contend with certain requirements – such as accessibility, complaints procedures, or collaboration with supervisory authorities.
Our Checklist for Website Operators
1. Update Imprint & Legal Notices
- Replace § 5 TMG with § 5 DSA → Applies to imprint, legal notices, contract pages, etc.
- Check further legal references (e.g., TTDSG → TDDDG)
2. Adjust Privacy Policy
- Include information on notification procedures and contact options (for platforms)
3. Contact & Complaint Procedure
- Provide email addresses and electronic contact options for authorities and users
- Offer clear regulations on complaint procedures for illegal content (e.g., via abuse form)
4. Platform Operators (e.g., Reseller Interfaces, Customer Portals)
- Integrate notification procedures for illegal content (e.g., "Report Content" button)
- Visible reference to moderation and complaint mechanisms (e.g., in terms and conditions or customer info)
- For hosting offers: Define internal processes for responding to reports
5. Documenting Obligations
- Check if you qualify as a "very large online platform" (from 45 million EU users – usually not applicable)
- If needed: Prepare moderation or activity reports (e.g., abuse reports)
6. Review Terms & Customer Communication
- Optionally adapt terms to point out the new legal situation
- Inform customers transparently about changes (e.g., through news, blog, newsletter)
Disclaimer
The contents of this post have been researched and compiled with the utmost care. However, Becker Software assumes no guarantee for the accuracy, completeness, or timeliness of the provided information. This article does not constitute tax or legal advice and cannot replace an individual consultation by a tax advisor, lawyer, or another qualified professional. Especially regarding changing legal frameworks – such as the e-invoicing obligation – we recommend seeking legal or tax advice if specific actions are required. Becker Software is not liable for any direct or indirect damages that result from the use of the content.