European Union: European Commission concluded inquiry into Digital Services Act application and interaction with other legal acts

On 17 November 2025, the European Commission concluded its inquiry into the application of Article 33 of the Digital Services Act (DSA) and its interaction with other legal acts, submitting a report to the European Parliament, the Council, and the European Economic and Social Committee. The inquiry's first aspect evaluated the practical application of Article 33 DSA, which includes the procedure for designating very large online platforms (VLOPs) and very large online search engines (VLOSEs) based on their average monthly active recipients (AMARs) in the European Union. This assessment considered whether the 45 million AMARs threshold effectively identifies services with systemic impact and risks, confirming its adequacy to capture such services. The report noted that the DSA's intermediary service categories are calibrated for technological evolution, including artificial intelligence systems. The second aspect of the inquiry assessed the DSA's horizontal scope and its interplay with 54 other Union legal acts, including those in Article 2(3) and (4) DSA. It determined that the DSA predominantly complements other instruments, building upon or serving as a baseline for sectoral rules. The report states that identified overlaps, mainly in design-based obligations, transparency reporting, content moderation, and dark patterns, can lead to legal uncertainty and compliance challenges. The inquiry also addressed complexities arising from additional national laws, varied treatment of small and micro-sized enterprises, and fragmented enforcement approaches across different legislations. While concluding that the DSA reinforces existing rules and provides a foundational framework, the Commission also made a number of commitments, namely to take its findings into account in the upcoming "Fitness Check" of the digital acquis and upcoming legislative reviews, to pay attention to the needs of small and medium enterprises, and to promote stronger coordination among regulatory frameworks.