Digital Services Act: Need for Action or Business as Usual for Swiss Companies?

The Digital Services Act ("DSA") that entered into full effect in February 2024 affects companies in Switzerland who offer their services to persons in the EU and who are considered online intermediaries (or offer "intermediary services"). Online platforms, shops, search engines, and social media, hosting providers and cloud providers are all considered online intermediaries (or "intermediary services"). Consequently, Swiss companies are subject to increased due diligence and transparency obligations. This Briefing provides an overview of the DSA, focusing on what an intermediary service is, what new obligations apply, and what the sanctions regime is. In particular, this Briefing highlights when Swiss providers are affected by the DSA and provides a checklist for Swiss companies tackling the new requirements.