Skip to content
Landfall
EU DSA · EU-DSA-ART40-DATA-ACCESS-RESEARCHERS

EU DSA Article 40 - Data access and scrutiny (VLOPs and VLOSEs)

Provide data access to authorities for compliance monitoring and to vetted researchers for systemic risk research

HIGHRequirementData sharingBinding regulationIn forceApplies from 17 February 2024

Where this comes from

Provision: Article 40 - Data access and scrutiny (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 40

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

What engineering work it implies

Sample acceptance criteria Landfall generates for this obligation:

  • A documented process grants vetted researchers access to relevant data for online-safety / systemic-risk research
  • Access respects privacy and data protection through anonymisation or pseudonymisation of personal data
  • Reasoned requests from the regulator/coordinator are handled within a tracked, reasonable timeframe
  • Access grants, scope, and data provided are logged and auditable
  • System handles null/empty input gracefully (no 500 errors)

Questions people ask

Does EU DSA Article 40 - Data access and scrutiny (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.
From when does this apply?
EU DSA Article 40 - Data access and scrutiny (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

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.

What Landfall Is NOT

Critical Boundaries

Understanding these boundaries is essential before using this product. Misuse of this tool for purposes outside its scope may create legal, regulatory, or commercial risk for your organization.

NOT Legal Advice

This product does not provide legal advice and does not create an attorney-client relationship.

Interpretations are informational analysis, not legal counsel. Always consult qualified legal professionals for compliance decisions.

NOT a Risk Score

We do not quantify, calculate, or certify your compliance risk level.

No numerical risk rating, compliance percentage, or safety score. Risk assessment requires human judgment about your specific context.

NOT Runtime Enforcement

This is a planning and mapping tool, not a runtime enforcement system.

Does not integrate with your production systems. Does not block, filter, or enforce compliance in real-time. Implementation is your responsibility.

NOT Regulatory Approval

Using this tool does not mean you are compliant with any regulation.

No certification, seal of approval, or compliance guarantee. Regulators will evaluate your actual implementation, not your use of this tool.

NOT Authoritative Interpretation

Our interpretations are not binding and may differ from regulatory guidance.

Only regulators and courts provide authoritative interpretation. Our analysis reflects our reading of requirements, which may be incomplete or incorrect.

NOT a Safe Harbor

This tool does not shield you from enforcement actions or liability.

Documentation of your process is valuable, but does not constitute a legal defense. Compliance is ultimately your organization's responsibility.

NOT an AI Compliance Agent

AI features assist analysis but do not make compliance decisions for you.

AI-generated interpretations require human review and approval. Automated suggestions are starting points, not final answers.

NOT Complete Coverage

We do not cover all regulations, all obligations, or all jurisdictions.

Regulatory landscape is vast and evolving. Gaps in our coverage do not mean those requirements don't apply to you.

What This Tool IS:

  • A structured workflow for mapping regulatory requirements to implementation tasks
  • A documentation system for compliance decisions (audit trail)
  • A collaboration platform for compliance, legal, and engineering teams
  • An informational resource for understanding regulatory obligations