Complaint for non-compliance with obligations under the Digital Services Act
Last update
Regulation (EU) 2022/2065 on a single market for digital services ('Digital Services Act', hereinafter 'DSA') aims to combat the distribution of illegal or harmful content on the Internet. Hate speech, child pornography, sale of counterfeit goods: anything that is illegal offline must also be illegal online.
Providers of intermediary services (network infrastructure providers, hosting service providers, online platforms or search engines, etc.) must comply with obligations that correspond to their role, size and impact in the digital ecosystem.
In this context, the Competition Authority is acting as coordinator for digital services in Luxembourg. The European Commission ensures that the very large online platforms and search engines comply with the DSA.
Any user of an online platform (whether a private individual or a professional) who believes that there has been an infringement of the DSA may file a complaint with the Competition Authority.
Who is concerned
Persons who can file a complaint
Anyone:
- whether a private individual or a professional;
- who uses an online platform; and
- who considers that there has been an infringement of the DSA.
Providers of intermediary services
All of the following providers offering intermediary services on the European market:
- providers of online platforms that allow consumers to conclude distance contracts with professionals (e-commerce platforms);
- providers of intermediary services who offer network infrastructures including 'mere conduit' and 'caching' services (for example: internet service providers, domain name registrars, non-cloud-based messaging);
- providers of hosting services such as cloud computing and web hosting services;
- providers of online platforms such as online marketplaces, application stores, collaborative economy platforms, discussion forums and social network platforms;
- providers of very large online platforms and search engines.
Exclusion of certain companies
The following companies are, unless they have been designated as 'very large online platforms', exempt from a number of obligations applicable to online providers:
- small businesses that have:
- fewer than 50 employees: and
- less than EUR 10 million in annual turnover or in their annual balance sheet total;
- micro enterprises that have:
- fewer than 10 employees: and
- less than EUR 2 million in annual turnover or in their annual balance sheet total;
Prerequisites
Providers of intermediary service must comply with obligations that correspond to their role, size and impact in the digital ecosystem.
Anyone may lodge a complaint if a provider of intermediary services has failed to comply with any of its obligations, in particular:
- comply with injunctions issued by the competent authorities;
- appoint a point of contact;
- appoint a legal representative;
- be transparent by publishing clear reports on any content moderation;
- adapt the general terms and conditions, mentioning any restrictions;
- put in place measures to guarantee a high level of protection for minors in terms of their privacy, safety and security.
All the detailed obligations for providers of intermediary service are available on the Competition Authority's website.
How to proceed
Lodging a complaint for non-compliance with the DSA
You can lodge a complaint with the Competition Authority:
- through an online procedure via MyGuichet.lu either with or without authentication; or
- via the PDF complaint form for non-compliance with the obligations laid down in the DSA, which can be submitted:
- by email to: dsa@concurrence.etat.lu; or
- by post to the Competition Authority: Autorité de la concurrence, 2A, rue d'Anvers, L-1130 Luxembourg.
If the infringement concerns your employer and was discovered in the course of your professional activity, you can use the whistleblowing procedure.
Data processing in connection with a complaint
Information on the processing of personal data in the context of a complaint under the DSA is available on the Competition Authority's website.
Online services and forms
Who to contact
-
Competition Authority
- Address:
-
2a, rue d'Anvers
L-1130
Luxembourg
Luxembourg
B.P. 856, L-2018 Luxembourg
- Phone:
- (+352) 247 84 174
- Fax:
- (+352) 26 20 12 18
- Email address:
- info@concurrence.public.lu
- Website:
- http://www.concurrence.public.lu
Related procedures and links
Links
Further information
-
DSA : guide pratique pour petites et micro-entreprises
sur le site de l'Autorité de la concurrence
-
DSA - Encadrement des plateformes pour un environnement en ligne sûr
sur le site de l'Autorité de la concurrence
-
DSA: Very large online platforms and search engines
on the website of the European Commission
Publications
Legal references
-
Règlement (UE) 2022/2065 du Parlement européen et du Conseil du 19 octobre 2022
relatif à un marché unique des services numériques
-
The Digital Services Act
on the website of the European Commission
