Data as a key digital asset Digital Services Act (DSA)

Latest Developments

Fourth Quarter 2022 – The Digital Services Act entered into force in November 2022. The obligations on the largest platforms will apply from July 2023 and wider application from February 2024.

Summary

The DSA will introduce 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); and
• Victims of cyber violence will be better protected especially against non-consensual sharing of illegal content (revenge porn) with immediate takedowns;
• 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 proposal 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

While the DSA is expected to be directly applicable across the EU from February 2024, some provisions concerning Very Large Online Platforms and Very Large Search Engines will apply from the date of entry into force of this Regulation.