Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 54 Compensation
Summary What does Article 54 of the DSA regulation say?
This is a notably brief article that establishes the right of recipients of intermediary services to seek compensation when a provider has breached its obligations under the DSA.
It functions as an enforcement-facing provision that complements the broader supervision and complaint mechanisms set out in surrounding articles, giving individual recipients a direct civil remedy rather than relying solely on regulatory action.
Important points:
- As a recipient of an intermediary service, you have the right to seek compensation for any damage or loss caused by a provider's breach of its obligations under this Regulation.
- This right is exercised in accordance with both Union and national law, meaning the specific procedures and conditions may vary by Member State.
- The compensation right is tied strictly to infringements of obligations under this Regulation — no broader or unrelated claims are covered by this provision.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Recipients of the service shall have the right to seek, in accordance with Union and national law, compensation from providers of intermediary services, in respect of any damage or loss suffered due to an infringement by those providers of their obligations under this Regulation.
Relevant recitals
Recital 121 Provider liability for damages from infringement
Without prejudice to the provisions on the exemption from liability provided for in this Regulation as regards the information transmitted or stored at the request of a recipient of the service, a provider of intermediary services should be liable for the damages suffered by recipients of the service that are caused by an infringement of the obligations set out in this Regulation by that provider. Such compensation should be in accordance with the rules and procedures set out in the applicable national law and without prejudice to other possibilities for redress available under consumer protection rules.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
consumer
Definition
recipient of the service
Definition
information society service
Definition
intermediary service
- a ‘mere conduit’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network;
- a ‘caching’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, involving the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients upon their request;
- a ‘hosting’ service, consisting of the storage of information provided by, and at the request of, a recipient of the service;