EU DSA Article 34 - Risk assessment (VLOPs and VLOSEs)
Diligently identify, analyse, and assess systemic risks arising from the design, functioning, and use of the service, including effects on fundamental rights, elections, and public security
Where this comes from
Provision: Article 34 - Risk assessment (VLOPs and VLOSEs)
Instrument: EU Digital Services Act (Regulation 2022/2065)
Citation: Regulation (EU) 2022/2065 of the European Parliament and of the Council, Article 34
Text version: Regulation (EU) 2022/2065 (DSA), OJ L 277, 27.10.2022
Who it applies to
It applies when all of these are true:
- Service is a Very Large Online Platform/Search Engine (45M+ EU users)
- Service has users in the European Union
- Service allows user-generated content
…unless:
- Only Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) with 45M+ monthly active users in the EU are required to conduct systemic risk assessments. (DSA Article 33(1))
- Newly designated VLOPs have 4 months from designation to complete first risk assessment. (DSA Article 92)
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- Assessment covers data flows, the risks to the affected group, and likelihood/severity
- Each identified risk has a mitigation mapped to a concrete control or backlog item
- The assessment is dated, has named sign-off, and is scheduled for review
- The assessment is retrievable for regulators on request
- Signed assessment document is stored and version-controlled
Questions people ask
- Does EU DSA Article 34 - Risk assessment (VLOPs and VLOSEs) apply to my service?
- It applies when Service is a Very Large Online Platform/Search Engine (45M+ EU users); Service has users in the European Union; Service allows user-generated content. It does not apply where Only Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) with 45M+ monthly active users in the EU are required to conduct systemic risk assessments. (DSA Article 33(1)).
- From when does this apply?
- EU DSA Article 34 - Risk assessment (VLOPs and VLOSEs) applies from 17 February 2024. Its current status is: in force.
Find out whether this one lands on you
Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.
Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.