MEP Leire Pajín (S&D) has asked the European Commission to clarify whether content delivery network (CDN) services qualify as intermediary services under the Digital Services Act (DSA), and if so, which category they fall into. The question, submitted on 22 June 2026, seeks to resolve legal uncertainty arising from diverging judicial and administrative rulings across Member States on the application of the DSA to CDNs.
Pajín's question references the DSA's own recognition that new technologies have emerged to improve data transmission and storage, leading to a more complex online ecosystem. She notes that doubts persist about whether CDNs should be classified as intermediaries, which would subject them to obligations to cooperate with authorities in removing or blocking illegal content, as well as liability exemptions. The MEP asks the Commission to consider rulings and data from the AGORA platform, which shares information among Digital Services Coordinators and the Commission.
The question does not propose specific numerical targets or deadlines but seeks a legal interpretation that could have significant implications for CDN providers, online platforms, and national regulators. A clear classification would determine the scope of CDNs' responsibilities under the DSA, affecting how they handle content moderation and cooperate with authorities.
As a parliamentary question, the Commission is expected to respond within approximately six weeks. The answer will signal the Commission's interpretation of the DSA's scope regarding CDNs and may guide future enforcement and potential legislative clarifications.
Stakeholder impact - CDN providers: A classification as intermediary services would impose new compliance obligations, including cooperation with authorities on illegal content, potentially increasing operational costs. Conversely, exemption from liability for transmitted content could provide legal certainty. - Online platforms relying on CDNs: If CDNs are deemed intermediaries, platforms may face a more complex compliance chain, as CDNs could be required to act on content removal requests independently. - National authorities: A uniform classification would reduce legal fragmentation and facilitate consistent enforcement of the DSA across Member States. - EU digital services ecosystem: Clarifying CDNs' status could set a precedent for how other emerging technologies are treated under the DSA, influencing future regulatory approaches.