The European Union's Digital Services Act (DSA) has ushered in a set of regulations to govern online services. For businesses operating beyond the EU but catering to its customers, a new rule mandates the appointment of a "legal representative". In simple terms, this article breaks down why this requirement matters and how it helps your business follow the DSA.
The Mandate of a Legal Representative:
Article 11 of the DSA specifies that non-EU online intermediary service providers must appoint a legal representative, who can be either an individual or a legal entity. This designation, presented in writing, should be accessible on your business website, informing users and regulatory bodies about the appointed legal representative.
The Role and Responsibilities:
The legal representative is not a mere formality; they bear significant responsibilities and authority. Mandated by the online service provider, the legal representative becomes the primary legal contact for EU Member state authorities, the Commission, and the European Board for Digital Services.
Notification Requirements:
Transparency is fundamental to compliance under Article 11. Intermediary service providers must notify the Digital Services Coordinator in the EU Member state where the legal representative is established. This notification should include essential details such as the legal representative's name, address, email, and telephone number, with keeping this information updated being crucial for effective communication channels.
Liability of the Legal Representative:
The legal representative may be held liable for breaches of intermediary service providers' obligations under the DSA. This accountability, while reinforcing compliance, does not diminish the primary responsibility of the service provider.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.