The Promise and Perils of Private Enforcement under EU Law: The Digital Services Act in Context

Abstract This article offers a conceptual account of private enforcement under EU law, focusing on the DSA. It argues that the damages action under the DSA derives directly from Union law and cannot be reduced to a declaratory reference to national law. Situated within regulatory theory, it shows how private enforcement may complement public enforcement while raising concerns about access to justice, compliance incentives, and democratic legitimacy. It advances a purposive, systemic reading confining national rules to a residual role, demonstrates risks from national case law, draws on GDPR case law, and reconsiders damages actions in the context of representative actions.