The Interplay between the Digital Services Act and Sector Regulation: How Special Is Copyright?

Abstract On 15 December 2020, the European Commission published its proposal for Digital Services Act, which is expected to be adopted before summer 2022. It carries out a regulatory overhaul of twenty-one-year-old horizontal rules on intermediary liability in e-Commerce Directive and introduces new due diligence obligations services. Our analysis illuminates an important point that has so far received little attention: how would Act’s interact with existing sector-specific lex specialis rules? In this article, we look specifically at intersection Act regime online content-sharing service providers (OCSSPs) set forth Article 17 (EU) 2019/790 Copyright Single Market (CDSM Directive). At first glance, these regimes do not appear overlap, as copyright are Act. A closer shows more complex nuanced picture. concludes will apply OCSSPs insofar it contains regulate matters covered by CDSM Directive, well specific where leaves margin discretion Member States. This includes, varying degrees, relating platforms different sizes. Importantly, consider such even (but less precise) regulation matter. From normative perspective, might desirable outcome, extent aims establish “uniform safe, predictable trusted environment, fundamental rights enshrined Charter effectively protected”. Based our analysis, suggest number clarifications help us achieve goal.