Luxembourg implements Digital Services Act

On 2 April 2025, Luxembourg adopted a new bill and took an important step towards implementing Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services (the Digital Services Act or DSA).

The full title of the bill is “Projet de loi 8309 portant mise en oeuvre du règlement (UE) 2022/2065 du Parlement européen et du Conseil du 19 octobre 2022 relatif à un marché unique des services numériques et modifiant la directive 2000/31/CE (règlement sur les services numériques) et portant modification de : 1° la loi modifiée du 14 août 2000 sur le commerce électronique ; 2° la loi modifiée du 30 novembre 2022 relative à la concurrence.”

What is the Digital Services Act?

• The DSA is an EU Regulation whose objective is to create a safer online environment to protect consumers and SMEs on the internet.
• The DSA establishes clear responsibilities for digital platforms – such as online marketplaces or social networks – to prevent and, if necessary, remove illegal content as quickly as possible.

How is the Digital Services Act implemented in Luxembourg?

• The Luxembourg Competition Authority (Autorité de la Concurrence) is now appointed as the Digital Services Coordinator under the DSA. As such the competencies of the Luxembourg Competition Authority will include:

🔹Monitoring compliance: Ensuring that online platforms, especially those based in Luxembourg, comply with the DSA regulations.

🔹Investigations: Helping the European Commission with investigations into very large online platforms (those with over 45 million users in the EU).

🔹Consumer protection: Acting as a point of contact for consumers to report illegal content and enforcing bans on targeted advertising to children.

🔹Transparency and accountability: Promoting transparency in recommendation and advertising systems on digital platforms.

🔹Enforcement: Imposing fines and requesting documentation from online service providers suspected of breaching the DSA.

• The bill provides additional investigative powers to the Competition Authority, including authorization to request information or carry out inspections on the premises of digital platform service providers
• As a result of its investigations, the Competition Authority can impose a fine of up to 6% of the worldwide turnover of the platform that’s infringed the Digital Services Act.
• Due to the complex market for digital services, the Competition Authority will closely cooperate as a Digital Services coordinator with various Luxembourg authorities, such as the CNPD in the field of data protection, the ALIA in relation to audiovisual content, the ILNAS for dangerous products, and the Police, if needed.
• The bill is currently waiting for the exemption from the second constitutional vote and will come into effect when it’s published in the official journal.

How can DLA Piper help?

Our lawyers support your business in managing responsibilities under the DSA:

• Strategic advice: Supporting in aligning digital strategies with regulatory requirements
• Compliance: Advising on legal obligations and implementing internal compliance measures
• Authority interaction: Supporting responses to Luxembourg Competition Authority investigations and facilitating cooperation with Luxembourg regulatory authorities
• Risk management: Conducting compliance audits to mitigate risks of significant fines (up to 6% of global turnover)
• Consumer protection: Advising on consumer safeguards and efficient complaint-handling mechanisms
• Training: Providing practical training sessions for your teams on DSA requirements
• Litigation: Representing your business in disputes and regulatory actions

For more information, please contact David Alexandre , Olivier Reisch