In short. DSA Article 8 prohibits general monitoring obligations while preserving specific-case monitoring and duties concerning specific illegal content.
Definition: No. Article 8 of the Digital Services Act (DSA) prohibits imposing a general obligation on intermediary service providers to monitor information they transmit or store, or actively seek facts indicating illegal activity. Hosting services fall within this protection.
Key facts
- Recital 30 of the DSA on EUR-Lex preserves monitoring obligations in a specific case and national authority orders that comply with EU law and the regulation.
- The European Commission's questions and answers, updated 19 December 2025, explicitly confirms the prohibition on general monitoring obligations for online platform providers.
- In SABAM v Netlog, the Court of Justice rejects an injunction requiring a host to filter users' stored information indiscriminately, preventively and for an unlimited period.
What does Article 8 cover?
Article 3(g)(iii) of the DSA defines a hosting service as storing information provided by, and at the request of, a recipient of the service. Article 3(h) defines illegal content by reference to EU law and Member State law that complies with EU law.
Article 8 prohibits both a general monitoring obligation and a general obligation actively to seek facts or circumstances indicating illegal activity. Recital 30 explains that the protection covers obligations imposed in law or in practice. It also states that the regulation should impose no general obligation to take proactive measures against illegal content. The DSA's general application date is 17 February 2024 under Article 93(2).
What does prohibited general monitoring look like?
The Court's judgment in SABAM v Netlog, dated 16 February 2012, examines a proposed copyright filtering system for a social network. Paragraph 38 finds that the injunction would require active monitoring of almost all data relating to all users to prevent future infringements. Paragraph 45 describes monitoring without a time limit, covering existing works and works yet to be created. Paragraph 50 identifies the risk of blocking lawful communications because the system might inadequately distinguish lawful from unlawful content.
The judgment applies the earlier e-Commerce Directive. Article 89 of the DSA deletes that directive's Articles 12 to 15 and directs references to its Article 15 to DSA Article 8.
What must a host still do?
Article 16(1) of the DSA requires hosting services to provide an accessible, user-friendly electronic mechanism for notices about specific items alleged to be illegal content. Article 16(2)(b) requires notices to identify the exact electronic location, such as the relevant URL. Article 16(6) requires timely, diligent, objective and non-arbitrary handling.
Under Article 16(3), a notice gives rise to knowledge or awareness for Article 6 where a diligent host can identify the illegality without a detailed legal examination. Article 6(1) makes expeditious removal or disabling access after obtaining the relevant knowledge or awareness a condition of the hosting liability exemption.
Article 9 addresses orders against specific items of illegal content. The host must inform the issuing or specified authority without undue delay of the effect given to the order, including whether and when it acted. Article 9(2)(a)(iv) requires locating information, such as exact URLs.
Article 7 also protects eligibility for liability exemptions when a provider voluntarily investigates or takes measures against illegal content in good faith and diligently.
Related terms
- When can a website with user content be a hosting service under the DSA?
- How can an illegal-content notice affect a host's DSA liability exemption?
- What must an illegal-content notice mechanism contain under the DSA?
- What must website terms say about content moderation under the DSA?
FAQ
Can you ignore a notice because Article 8 protects your hosting service?
No. Article 16 requires handling notices about specific content. Article 6 links the liability exemption to expeditious action after the relevant knowledge or awareness arises.
Can you voluntarily check submissions before publication?
Article 7 preserves eligibility for the liability exemptions when you undertake voluntary investigations or measures against illegal content in good faith and diligently.
Does Article 8 prevent every monitoring order?
Recital 30 preserves monitoring obligations in a specific case, subject to EU law and the DSA's conditions.
Sources
- European Parliament and Council, "Regulation (EU) 2022/2065 (Digital Services Act)", 19 October 2022
- Court of Justice of the European Union, "Judgment in Case C-360/10, SABAM v Netlog NV", 16 February 2012
- European Commission, "Digital Services Act: Questions and Answers", updated 19 December 2025
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