GERMAN & EUROPEAN LAW · ADVICE IN ENGLISHHANOVER / GERMANY / CROSS-BORDER

Platforms, DSA & content moderation

The Digital Services Act imposes layered duties according to the type and size of intermediary service. Hosting, online-platform and very-large-platform obligations are not interchangeable. Notices should identify the relevant content and explain the alleged illegality. Terms enforcement and unlawful-content removal must also be distinguished. The German Digital Services Act accompanies the EU framework; it does not replace the directly applicable regulation.

How we approach the matter

We assess service classification, terms, notice mechanisms, statements of reasons and complaint procedures. For affected businesses, we review the decision, evidence and available internal or external remedies. Platform disputes can involve private contractual claims as well as regulatory complaints. A regulatory complaint does not automatically secure compensation or restoration of an account.

Choosing the correct route

Distinguish private claims from regulatory supervision and identify the relevant authority or court. A complaint from another business, an administrative hearing and a court order call for different responses. Establish the procedural stage, the applicable deadline and the precise result sought before choosing a remedy. Where several countries are involved, jurisdiction and enforceability require their own assessment.

Evidence, proportionality and implementation

A defensible position needs records of the relevant publication, agreement or technical process. Compare a targeted response, formal complaint, proceedings and a negotiated solution against the business objective. After a decision, define what must actually change and who is responsible for implementation. The wording of an undertaking or order matters: a narrow dispute can otherwise create broader operational restrictions than the parties intended.

Four practical examples

The following scenarios illustrate typical legal questions. They are not descriptions of client mandates or promised outcomes.

Content removal

A publisher’s article is removed without a clear explanation. We examine the reasons and applicable complaint or media-specific safeguards.

Marketplace notice

A rights holder reports infringing listings. We prepare a precise notice supported by ownership evidence and identifiable URLs.

Platform launch

A business adds third-party content to its service. We assess classification and the processes required for notices and complaints.

Seller suspension

A platform blocks a commercial account. We review contractual grounds, procedural protections and potential urgent civil remedies.

Preparing your enquiry

A short description of the project or dispute, the parties involved, relevant countries and any deadline helps us identify the next step. Preserve the relevant contract, publication or technical records. Please avoid sending highly sensitive material until a suitable communication channel has been agreed.

Discuss your matter with our team · Media law overview · Disputes and enforcement

Deutsche Fassung

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