Private Enforcement of the Digital Services Act (DSA)

The Digital Services Act (DSA) represents a significant shift in EU digital regulation, aiming to create a safe, predictable, and trustworthy online environment whilst protecting fundamental rights. While public oversight and co-regulation by the European Commission and national Digital Services Coordinators (DSCs) have already attracted significant attention, this paper considers the underappreciated role of private litigation in enforcing the DSA. It examines a spectrum of DSA provisions – Articles 14, 25 and 35 – that could play a key role in the private enforcement of platform obligations and user rights. We situate these provisions within broader European private law debates, connecting them to principles of procedural autonomy, the effectiveness of EU law, and established doctrines of tort and contract liability. By analysing different DSA obligations across a range of topics, from content moderation to systemic risk management, we aim to identify potential pathways, as well as obstacles, for tech accountability through European courts.