Avrupa Birliği Dijital Hizmetler Tüzüğü Perspektifinden Aracı Hizmet Sağlayıcıların Hukuki Sorumluluğu ve Özen Yükümlülükleri

Abstract

The fact that the services offered in the digital environment entail various legal risks has necessitated comprehensive regulation. In this context, one of the long-debated issues is whether unlawful content belonging to the recipient of the service should lead to liability for intermediary service providers. The European Union first regulated this issue with the E-Commerce Directive, which limits the liability of intermediary service providers. More than twenty years later, the Digital Services Act was adopted to revise the relevant provisions of the Directive due to the Directive's failure to keep pace with the digital transformation, implementation difficulties, and legal fragmentation. The Digital Services Act is expected to be a benchmark for both Member States and third countries through the Brussels effect. Therefore, this study, which analyzes the strengths, weaknesses, impact, and opinions on the Digital Services Act, aims to provide important insights into the future of digital law. In this study, the Digital Services Act is analyzed in detail through its systematic, directly applicable structure and objectives. The provisions on the liability regime and the newly introduced asymmetric due diligence obligations are discussed. In addition, critical issues such as the choice of conditional liability exemption, the evaluation of the liability regime in terms of Turkish law, the applicability of due diligence obligations, and the potential risks of overregulation for the digital ecosystem are examined. As a result, the Digital Services Act has not fundamentally altered the liability regime for intermediary service providers. However, the legal basis provided for certain mechanisms and the due diligence obligations established under the Digital Services Act contribute to the construction of a more balanced and secure internet environment.