DSA Compliance Checklist for LegalTech Platforms – Part 1

In today’s rapidly evolving digital landscape, the European Union has introduced the Digital Services Act (DSA) to establish a comprehensive framework ensuring a safer and more accountable online environment. This legislation imposes obligations on digital platforms to address illegal content, enhance transparency, and protect user rights.

Legaltech platforms work at the crossroads of technology and legal services. They must follow the DSA to stay compliant and keep their services trustworthy, much like meeting the AI regulatory compliance requirements that are emerging alongside it. This article presents a DSA Compliance Checklist tailored specifically for Legaltech platforms, guiding them through the essential requirements and best practices to align with the new regulatory standards.

General Obligations (All Digital Services)

The General Obligations under the Digital Services Act (DSA) establish the foundational responsibilities that apply to all digital service providers, regardless of size or specific function. These obligations aim to ensure transparency, accountability, and user protection across the EU digital landscape.

Providers must keep clear and easy-to-understand terms of service. They should also have contact points for users and authorities. If they operate from outside the EU, they need to appoint a legal representative.

Providers must apply their rules fairly. They should also inform users about important changes. This helps protect basic rights like freedom of expression. These requirements form the baseline for lawful and responsible operation within the EU digital market. Organizations looking to automate compliance and governance processes can significantly streamline adherence to these obligations.

Legal Representative:

If your company is not established in an EU Member State, have you appointed a legal representative within the EU to handle DSA matters? (Article 13 DSA)

Points of Contact:

Have you designated a point of contact for EU authorities and an easily accessible contact method for users to reach you about DSA-related issues? (Articles 11–12 DSA)

Terms of Service Transparency:

Do your terms and conditions clearly outline any restrictions or policies on user content and behavior – including your content moderation tools/procedures and complaint mechanisms – in plain, user-friendly language? (Article 14(1) DSA)

Notify Changes to Terms:

Do you inform users of any significant changes to your terms of service? (Article 14(2) DSA)

Fair Enforcement of Terms:

Do you apply and enforce your rules in a diligent, objective, and proportionate manner, with due regard for users’ rights (e.g. freedom of expression and other fundamental rights)? (Article 14(4) DSA)

Content Moderation & User Rights

Content Moderation and User Rights under the DSA aim to make the online space safer and clearer. It does this by regulating how platforms deal with illegal or harmful content. At the same time, it protects users’ basic rights.

These rules ask platforms to create fair and quick ways to remove content. Users must receive notification when they take down content. They also need to offer easy ways for users to file complaints.

They also establish processes for reporting illegal content, cooperating with authorities, and preventing abuse of reporting systems. This section makes sure that moderation decisions are clear, responsible, and respect users’ freedom of speech and fair treatment.

Compliance with Removal Orders:

Do you have a process to promptly comply with official orders from EU authorities to remove or disable access to illegal content, as well as orders to provide information (e.g. about users) for investigations? (Articles 9–10 DSA)

Notice-and-Action Mechanism:

Do you provide an easy-to-use mechanism for anyone to notify you of illegal content on your service, and do you act expeditiously to remove or disable reported illegal content when warranted? (Article 16 DSA)

Reasons for Removal:

When you remove user-posted content or suspend a user’s account, do you inform the user of the decision and the reasons for it? (Article 17 DSA)

Report Crimes:

If you become aware of information indicating a serious criminal offense involving a threat to someone’s life or safety, do you promptly inform law enforcement authorities? (Article 18 DSA)

Internal Complaint System:

If you are not a micro or small enterprise, have you set up an internal complaint-handling system that allows users to appeal your decisions to remove content or suspend services? (Article 20 DSA; Article 19 DSA exemption for micro/small businesses)

Out-of-Court Dispute Resolution:

If you are not a micro or small enterprise, do you cooperate with independent dispute resolution bodies certified under the Digital Services Act (DSA) to resolve user disputes about content moderation decisions? (Article 21 DSA; Article 19 DSA exemption)

Trusted Flaggers:

Do you have a system to swiftly handle notices from “trusted flaggers” (organizations or authorities officially recognized for flagging unlawful content), giving their reports priority and feedback? (Article 22 DSA)

Preventing Misuse:

Do you enforce measures against misuse of your platform – for example, suspending or terminating users who frequently post illegal content or who submit abusive or manifestly unfounded notices/complaints? (Article 23 DSA)

Right to Explanation in Automated Decisions (Article 22(1) DSA)

Does the platform provide users with a clear and accessible explanation when an automated moderation system makes a decision affecting their content or account?

(The checklist does not currently require platforms to offer users detailed justifications, which is essential for transparency and fairness in automated decision-making.)

Final Word

In this first part of our DSA compliance checklist for LegalTech platforms, we covered essential obligations, including content moderation duties, notice and action mechanisms, trusted flaggers, and measures against illegal content. Ensuring compliance with these foundational aspects is crucial for maintaining a legally sound and trustworthy digital platform.

In the second part of this series, we will delve into Transparency & Platform Accountability, examining how platforms must disclose their content moderation policies, recommender systems, and advertising practices. We will also explore protections for minors, e-commerce obligations, and additional responsibilities for very large online platforms. Stay tuned for practical insights and actionable steps to further align your LegalTech platform with the DSA.