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EU DSA · EU-DSA-ART34-RISK-MITIGATION

EU DSA Article 35 - Mitigation of risks (VLOPs and VLOSEs)

Implement reasonable, proportionate, and effective mitigation measures tailored to identified systemic risks, with regard to fundamental rights impacts

CRITICALProcess dutyRisk assessmentBinding regulationIn forceApplies from 17 February 2024

Where this comes from

Provision: Article 35 - Mitigation of risks (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 35

Text version: Regulation (EU) 2022/2065 (DSA), OJ L 277, 27.10.2022

Read the official text ↗

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
  • Service serves targeted advertising

…unless:

  • Only VLOPs/VLOSEs are required to implement specific risk mitigation measures. Smaller platforms must still protect minors but have flexibility in approach. (DSA Article 33(1))

What engineering work it implies

Sample acceptance criteria Landfall generates for this obligation:

  • Content can be flagged (by users and/or automated classifiers) and enters a moderation queue
  • Moderation decisions (allow / remove / restrict / escalate) are recorded with reviewer, reason, and timestamp
  • Priority/expedited handling exists for illegal content and child-safety categories
  • Affected users are notified of moderation actions with a stated reason and appeal path
  • Repeat-offender and re-upload prevention is in place where required

Questions people ask

Does EU DSA Article 35 - Mitigation of risks (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; Service serves targeted advertising. It does not apply where Only VLOPs/VLOSEs are required to implement specific risk mitigation measures. Smaller platforms must still protect minors but have flexibility in approach. (DSA Article 33(1)).
From when does this apply?
EU DSA Article 35 - Mitigation of risks (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.

Run the pre-scanAll EU DSA obligations

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