Digital Services Act (DSA)

Latest Developments

First Quarter 2024  – The Digital Services Act entered into force in November 2022. On 17 February 2023, all providers of intermediary services had to publish their monthly active users. The Commission designated the first very large only platforms and services (VLOPs/VLOSEs) on 25 April 2023. On 25 August 2023, the first specific obligations for VLOPs and VLOSEs kicked in and the Commission has issued requests for information to a number of operators compliance with obligations relating to risk assessment and mitigation measures with regard to the potential dissemination and amplification of illegal content and information. From 17 February 2024 onwards, all intermediary service providers (apart from SMEs and micro enterprises) are subject to the first “tier” of obligations under the DSA. The deadline of 17 February 2024 also applies to each Member State for the appointment of the Digital Services Coordinators (DSCs), independent authorities responsible for supervising the intermediary services established in their Member State. 

Summary

The DSA introduces new rules for information society services, intermediaries, online platforms and search engines including the following measures:

Online platforms

• Swift removal of illegal content online, including products, services: a clearer “notice and action” procedure;
• Greater responsibility for online marketplaces: strengthened checks to prove that the information provided by traders is reliable (“Know Your Business Customer” principle);  
• Victims of cyber violence will be better protected especially against non-consensual sharing of illegal content (revenge porn) with immediate takedowns; and
• Algorithmic accountability: the European Commission and Member States to have access to the algorithms of very large online platforms.

Safer online space for users

• New transparency obligations for recommender systems and possibility for users to choose at least one option not based on profiling;
• Online advertising: targeted advertising banned when it comes to sensitive data (e.g. based on sexual orientation, religion, ethnicity);
• Protection of minors: platforms accessible to minors will have to take specific measures, including a full ban on targeted advertising; and
• Manipulating users’ choices through ‘dark patterns’ will be prohibited

Harmful content and disinformation

• Very large online platforms to assess and mitigate systemic risks and will be subject to independent audits each year
• Special measures in times of crisis: the Commission may require very large platforms to limit any urgent threats on their platforms e.g. to public security of health, for up to three months

How could it be relevant for you?

The Regulation is relevant for providers of intermediary services in consumer and business markets, as well as digital advertising players and traders selling via online marketplaces.

Next steps

The DSA applies to all intermediary digital service providers since 17 February 2024.

*Information is accurate up to 21 March 2024