Skip to content 
The Legal obligations of the hoster will be more clearly defined and more extensive in 2025 due to new EU regulations such as the DSA and stricter enforcement of the GDPR. Hosting providers must check content in a more targeted manner, respond quickly to notifications and inform their customers more transparently - otherwise they may face sanctions.
Key points
- DSA specifications oblige hosters to provide more transparency and reporting obligations.
- Liability issues of user content remains a sensitive issue.
- Data protection requirements according to GDPR require contractual protection.
- Availability and benefit commitments must be correctly documented.
- Cooperation with authorities is clearly regulated by law.
Making hosting contracts legally compliant
A hosting contract is much more than a rental agreement for storage space. It includes the obligation to provide a technical Functional infrastructure including maintenance and availability of the services. Although 99 % uptime seems high at first glance, according to court rulings, this limit is Legally inadmissibleif it is specified in the GTC. As a hoster, I ensure in the contract which specific services are provided and how failures are to be dealt with. An individually reviewed contract structure ensures transparency and reduces the potential for conflict.
Liability for user content: TMG, DDG and joint responsibility
I am not automatically liable for the content of my customers - unless I am aware of its illegality. From Knowledge of illegal content I have to act: Remove or block content. All it takes is a serious tip-off from the authorities or an affected party. There is no active monitoring obligation - but as soon as I receive a case, I have to react quickly. This principle is central to liability management in the hosting business.
DSA 2025: New transparency and reporting obligations
The Digital Services Act formulates clear requirements for hosting providers. The most important points from 2025: I set up accessible Contact points for users and authorities and publicly describe how my moderation system works. In addition, every blocking measure must be justified to users. I develop an internal complaints procedure and respond to reports in a structured manner. If I receive information about potential criminal offenses, I inform the relevant authorities. These obligations promote a legally compliant and transparent environment - for providers and customers alike.
Obligations under the GDPR: Implementing hosting and data protection correctly
The General Data Protection Regulation obliges me to regulate data processing precisely. I conclude a so-called order processing contract (AVV) with every customer. In addition, I use Technical protective measures such as encryption, access controls and firewalls. Transparent information about the type and purpose of data processing is required, as is the implementation of deletion concepts. If you would like to know more, you can find detailed information here: Web hosting GDPR protection in Germany.
Clearly regulate SLAs and liability
In my contracts, I define precise availability guarantees and response times for faults - so-called service level agreements. In addition, I clarify the Liability limits for data loss, failures or security gaps. These regulations must always comply with applicable law. Third-party content - e.g. data uploaded by customers - must also be contractually addressed. In this way, I ensure that my hosting service is legally secure and at the same time create trust among customers.
Cooperation with law enforcement and reporting obligations
According to the DSA and DDG, I am obliged to react swiftly in the event of criminal suspicions. This includes the direct Reporting of criminal offenses as well as the exchange with investigating authorities. I set up internal processes to receive information in an orderly manner, check its content and initiate the legally correct steps. Documentation is essential. Traceability not only helps legal authorities, but also provides self-assurance as a hosting provider.
Technical differences and legal implications by hosting model
Shared, managed or cloud - depending on the hosting model, my responsibilities can differ considerably. While I often implement standardized measures for shared hosting, managed hosting requires more intensive support - for example through Regular maintenance and updates. In cloud hosting, data security also plays a greater role with distributed resources. Contractual obligations, for example for data transfers outside the EU, are also regulated with varying degrees of strictness depending on the model. Those who host emails will find further legal requirements here: E-mail archiving obligation 2025.
Increase legal certainty - avoid typical mistakes
I see it as my duty to regularly review my processes from a legal perspective. Training for my support team, updates to terms and conditions and technical security checks are routine. It is also important to systematically document information on moderated content. If you don't introduce standards here, you risk warnings or fines. One aspect that is often overlooked is the handling of data from third countries, for example in accordance with the CCPA. An overview can help here: CCPA in the hosting environment.
Obligations at a glance: Legal comparison of hosting models
The following table shows key differences in the legal obligations of different types of hosting:
| Hosting model | Obligations under the GDPR | Duties according to DSA | Liability risks |
|---|---|---|---|
| shared hosting | Standard measures, AVV necessary | Basic obligations for content moderation | Medium - due to multiple use |
| managed hosting | Extended rights management | Individual transparency obligations | High - operator responsibility increases |
| cloud hosting | Data transmission, encryption | System-based reporting mechanisms | Very high - distributed storage |
Acting with legal awareness: Hosting with strategy
Technology alone is no longer enough for professional hosting. Legal certainty is becoming a permanent competitive advantage. Anyone who actively implements applicable regulations, informs customers and documents risks will be much more confident in their day-to-day work. In this way, I gain trust in the market and at the same time avoid fines or reputational damage. A good strategy starts with comprehensible contracts, concrete data security and clearly definable complaints and reports of illegal content.
Internal compliance strategies and optimizations
An internal compliance strategy is essential in order to meet the increased obligations from 2025. I determine which organizational roles are necessary within my company to ensure that the legal requirements are systematically implemented. For example, it is advisable to appoint a data protection officer to ensure compliance with the GDPR. At the same time, there should be a team or at least a responsible person who checks incoming reports of unlawful content, initiates measures and documents these processes. In this way, I speed up internal processes, fulfill transparency obligations and prevent reports from being overlooked. A regular internal review also has the advantage of uncovering potential weaknesses at an early stage.
I also embed clear communication in my support processes: customers must be able to submit a complaint or ask questions about data processing in an uncomplicated manner. It is equally important to document every complaint. As I have to respond to serious complaints within a short period of time, I can quickly assess whether there has actually been a breach of the law thanks to clear documentation processes. These measures form the basis of reliable compliance and at the same time provide proof of proper conduct to authorities or courts.
Extended technical requirements and security concepts
The new requirements also increase technical expectations. For example, the DSA and GDPR stipulate stricter security standards for my systems. In everyday life, this means that I regularly maintain my IT infrastructure, carry out security updates and close potential vulnerabilities at an early stage. In addition to firewalls and spam filters, contractual precautionary regulations are important in the hosting environment - for example, what happens in the event of a DDoS attack. By planning for such scenarios at an early stage, I can react more quickly in an emergency and at the same time stay on the safe side legally because I can guarantee my customers clear processes.
An important component is logging and tracking access to data. The GDPR requires me to be able to explain when and how data was deleted or when unauthorized access took place. This is where it pays to invest in modern monitoring solutions and corresponding logging systems. Those who cut corners here are often faced with the problem of not being able to prove how a security incident occurred. This can lead not only to a loss of image, but also to considerable fines.
Dealing with complex legal situations with a global clientele
In addition to European regulations, international laws are playing an increasingly important role, especially when serving customers outside the EU or with globally distributed cloud resources. Even if the GDPR protection level is an important standard in the European Economic Area, additional agreements or certifications must be obtained in individual cases. The transfer of data to third countries that do not have comparable data protection legislation is now heavily regulated. Corresponding standard contractual clauses or binding corporate rules can provide additional legal certainty here.
Another aspect is the different legal requirements for content moderation. Content that is permitted in one country may be prohibited or punishable in another. As a hoster, I have to contractually regulate which legislation applies and at the same time check whether I should observe certain local regulations. Such considerations flow into the design of my reporting and complaints offices as well as into the guidelines for blocking content.
Contractual flexibility and proactive customer information
It is also important that I do not leave my contracts static. Due to ever-increasing regulation, hosting contracts may have to be adapted retrospectively - whether due to new EU laws or supplementary national provisions. I therefore recommend formulating contractual clauses in such a way that adjustments to changed legal situations remain possible. At the same time, I should inform my existing customers in good time if the hosting conditions change.
Proactive customer information also creates trust. Especially in a sensitive area such as hosting, it is essential that my customers know what rights and obligations they have. I explain to them transparently what data I store and for what purpose, how the complaints procedure works in the event of suspected illegal content and what security measures I use to protect against hacker attacks. In this way, many points of contention can be resolved in advance because customers understand exactly how the process works and where their duty to cooperate lies.
Risk assessment and ongoing quality assurance
Another important pillar of legally compliant hosting is ongoing risk assessment. In doing so, I assess both technical and legal risks. Technically, for example, outdated servers or missing software patches could pose a risk. From a legal perspective, it's about contractual loopholes, inadequate DPAs or a lack of mechanisms to become aware of criminal offenses. A regular review of these areas - for example as part of an annual audit - ensures that I can respond to new developments and changes in legislation in good time.
As part of quality assurance, training for employees should not be underestimated. For example, my support team needs to know what to do if a customer complains about illegal content. Sales should also be familiar with basic data protection regulations to avoid making false promises. The ongoing training of all departments involved creates a shared awareness of the responsibility of a hosting provider.
Practical examples for implementation in everyday life
Let's assume I receive a complaint about allegedly copyright-infringing content on a customer website. First, I log this process and use internal guidelines to check whether the content actually appears to be illegal. I then inform my client of the complaint and set a deadline by which the allegedly infringing content can be removed. If the customer does not cooperate, I can block the content or, in particularly serious cases, involve the relevant authorities. This is all done in a legally compliant process that is documented from the outset - a procedure that respects the basic principles of the DSA, the GDPR and national law.
Another example: I have received a request from an investigating authority demanding access to certain customer data. In this case, I have to check the legal basis carefully. If there is a corresponding search warrant or a request for information from the public prosecutor's office, I am obliged to hand over the requested data. At the same time, I check whether the request can be classified as proportionate on my part. If it is too extensive or unclear, I can seek legal advice before disclosing data. This process is also part of the day-to-day business of a responsible hosting provider.
Final considerations
The change in legislation underlines the fact that hosting providers today are more than just storage providers. I take responsibility for the content that is hosted on my servers and have to comply with complex requirements relating to data protection, transparency and collaboration with authorities. If you integrate these requirements into your workflow at an early stage, you gain a clear advantage: I reduce the risk of legal disputes and offer my customers a reputable range of services.
In a world in which digital services continue to gain in importance, reliable compliance with TMG, DSA and GDPR requirements is becoming a basic prerequisite for long-term business growth. Thanks to internal compliance strategies, close communication with customers and authorities and transparent documentation, daily practice can be brought into line with legal regulations. This makes hosting not only more secure, but also legally watertight. This creates trust with the customer and strengthens my position in a competitive market.
