DSA penalties

DSA penalties are fines and enforcement measures imposed by the European Commission or national Digital Services Coordinators on providers of online platforms and search engines for violations of the Digital Services Act (EU) 2022/2065. These financial penalties can reach up to 6% of a company's total worldwide annual turnover, making them among the most significant regulatory sanctions in EU digital law.

Legal Basis

"The Commission may impose fines on providers of very large online platforms or of very large online search engines where, intentionally or negligently, they infringe the provisions of this Regulation [...] The fines shall be effective, proportionate and dissuasive."

— Article 74, Regulation (EU) 2022/2065

"The Commission may impose on providers [...] fines not exceeding 6 % of their total worldwide annual turnover in the preceding financial year where, intentionally or negligently, they [...] infringe the provisions of this Regulation."

— Article 74(1), Regulation (EU) 2022/2065

Why It Matters

DSA penalties represent the EU's enforcement mechanism to ensure online platforms and search engines comply with transparency, content moderation, and systemic risk mitigation obligations. For providers of very large online platforms (VLOPs) and very large online search engines (VLOSEs)—those with 45 million or more monthly active users in the EU—the Commission has direct enforcement authority and can impose fines reaching billions of euros for serious violations.

The penalty structure affects all intermediary services, from small hosting providers to global tech giants. While the Commission supervises VLOPs and VLOSEs directly, national Digital Services Coordinators enforce DSA obligations on all other platforms and impose penalties under their national legislation, which must also ensure fines are effective, proportionate, and dissuasive.

These penalties create strong financial incentives for platforms to implement robust compliance programmes, including risk assessments for elections, illegal content moderation systems, transparent advertising practices, and data access for researchers. The threat of substantial fines—calculated as a percentage of global turnover rather than EU revenue alone—ensures even the largest platforms take their DSA obligations seriously.

Key Points

Maximum fine: Up to 6% of total worldwide annual turnover for VLOPs and VLOSEs violating DSA obligations
Dual enforcement: Commission directly supervises VLOPs/VLOSEs; national Digital Services Coordinators supervise all other platforms
Periodic penalties: Up to 5% of average daily worldwide turnover can be imposed to compel compliance or submission of correct information
Violation types: Penalties apply to illegal content procedures, transparency failures, risk assessment failures, data access refusals, and systemic violations
Calculation basis: Global turnover, not just EU revenue, making penalties substantial even for companies primarily operating outside Europe
Proportionality: Penalties must consider the nature, gravity, recurrence, and duration of the infringement and the company's financial situation

DSA penalties vs. GDPR fines

While both DSA penalties and GDPR fines can reach substantial amounts, they address different compliance frameworks. GDPR fines (up to 4% of global turnover or €20 million) punish violations of data protection and privacy rules, focusing on how personal data is collected, processed, and protected. DSA penalties (up to 6% of global turnover) address platform governance, content moderation, transparency obligations, and systemic risk management.

The enforcement authorities also differ: GDPR is enforced by national Data Protection Authorities with a one-stop-shop mechanism, while DSA creates a split system where the Commission supervises VLOPs/VLOSEs and national Digital Services Coordinators supervise other platforms. A single platform violation can potentially trigger both GDPR and DSA enforcement if it involves both data protection failures and platform governance failures, though regulators coordinate to avoid double jeopardy.

Related Terms

Very transparent. Every political ad will be labelled, linked to a transparency notice with detailed information, and online ads will be searchable in a central European repository.

The Network coordinates election-related cooperation between member states. National contact points for TTPA enforcement should be members of this network where possible.

Election campaigns will need to ensure all paid advertising includes proper labels and transparency notices. Sponsors must be prepared to provide required information to all service providers.

Several major platforms currently do not allow paid political advertising, including some large social networks. This limits where political actors can place paid online advertisements.

The TTPA applies from 10 October 2025. Member States had until 10 April 2025 to designate competent authorities, and the Commission must provide label templates by 10 July 2025.

Publishers must ensure completeness and accuracy of certain information but are not required to verify all sponsor claims. They must correct manifestly erroneous information when they become aware of it.

Yes. When a hosting provider and a website both display an ad, both are considered publishers with responsibility for their specific services. Contracts should clarify how they share compliance duties.

If a publisher removes or disables access to a political ad due to illegality or terms violations, they must still provide access to the transparency information for the full seven-year retention period.