Hosting service
A hosting service stores information provided by users at their request. This includes platforms like social media, cloud storage, and websites that store user-generated content. Under EU law, hosting services have specific obligations regarding illegal content and transparency.
Legal Basis
"hosting service' means a provider of intermediary services that consists of the storage of information provided by, and at the request of, a recipient of the service"
— Article 3(g), Regulation (EU) 2022/2065 (Digital Services Act)
Why It Matters
Hosting services form the backbone of the modern internet, storing everything from social media posts to cloud documents. Under the Digital Services Act, hosting service providers must respond promptly when they become aware of illegal content on their platforms.
For political advertising, many hosting services also function as online platforms where political ads are published. This means they must comply with transparency requirements under Regulation 2024/900, ensuring political advertisements are clearly labeled and transparency information is accessible. Hosting services that publish political advertising must establish reporting channels for users to flag missing or incorrect labels.
The distinction matters because hosting services enjoy certain liability protections—they're not automatically responsible for content their users upload. However, once they gain knowledge of illegal content, they must act expeditiously to remove or disable access to it. This balance protects innovation while ensuring accountability.
Key Points
- Storage-based service: Hosting services store information at users' request, unlike services that merely transmit data
- Liability exemption: Providers aren't liable for stored content unless they have actual knowledge of illegal activity and fail to act
- Notice and action: Must provide mechanisms for reporting illegal content and respond promptly to valid notices
- Political advertising obligations: When hosting services publish political ads, they must ensure transparency labeling and provide reporting channels
- Wide scope: Includes social networks, video platforms, cloud storage, website hosting, and online marketplaces
- Expediency required: Once aware of illegal content, hosting services must remove or disable access "expeditiously"
Hosting service vs. Online platform
While all online platforms are hosting services, not all hosting services are online platforms. The key difference is dissemination to the public.
A hosting service becomes an online platform when it stores information and disseminates it to the public at the user's request. For example, a social media site is both a hosting service (it stores posts) and an online platform (it disseminates those posts to other users publicly).
In contrast, a pure cloud storage service that stores files privately for a single user is a hosting service but not an online platform, because it doesn't disseminate content to the public. This distinction determines which additional obligations apply under EU law.
| Aspect | Hosting service | Online platform |
|---|---|---|
| Stores content | Yes | Yes |
| Public dissemination | Not necessarily | Yes |
| DSA obligations | Basic transparency, notice & action | Additional requirements including recommender system transparency |
| TTPA obligations | If publishing political ads | If publishing political ads |