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What is the Digital Services Act (DSA)?
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The Digital Services Act (DSA) is a european Union law that establishes a complete set of new obligations for online platforms and services to protect fundamental rights online, including freedom of expression, and to tackle illegal content, disinformation, and harmful products. It was adopted on October 4, 2022, and began applying to all online intermediaries and hosting services in the EU on February 17, 2024, with more stringent rules for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) applying from february 17, 2024. European commission – Digital Services Act
The DSA aims to create a safer digital space where illegal content can be quickly removed, users have more control over what they see online, and platforms are held accountable for the content they host. It covers a wide range of online services,from social media platforms like Meta (Facebook, instagram) and X (formerly Twitter) to online marketplaces like Amazon and search engines like Google. The law operates on a tiered system, with obligations increasing based on the size and reach of the platform.
For example, the European Commission designated 17 Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) on april 26, 2023, requiring them to undertake systemic risk assessments and implement measures to mitigate risks related to the spread of illegal content, disinformation, and other harms. These include Meta Platforms, X Corp., Google, and TikTok.
Who Does the DSA Affect?
The Digital Services Act impacts a broad spectrum of online services operating within the European Union, categorized by size and function. The European Commission outlines the different categories of services subject to the DSA, ranging from intermediary services (like internet service providers) to hosting services (like cloud storage) and online platforms (like social media).
The DSA’s requirements are tiered. “Intermediary services” offering network infrastructure, such as Deutsche Telekom, have minimal obligations. Hosting services, like Amazon Web Services,face moderate requirements. Online platforms, which allow users to share content, have the most extensive obligations, especially VLOPs and VLOSEs. VLOPs are defined as platforms with 45 million or more monthly active users in the EU. VLOSEs are search engines with 45 million or more monthly active users in the EU.
As of December 2023, 17 companies were designated as vlops and VLOSEs, including Meta, X, Google, TikTok,and Amazon. These companies face the highest level of scrutiny and are required to conduct annual risk assessments and implement mitigation measures.
Specific Obligations for VLOPs and VLOSEs
Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) face substantially more stringent obligations under the DSA. These include conducting annual risk assessments to identify systemic risks related to illegal content,disinformation,and other harms,and implementing mitigation measures to address those risks. The European Commission details these obligations on its website.
Specifically, VLOPs and VLOSEs must: establish clear terms and conditions, provide transparency reports, offer users effective mechanisms to report illegal content, and cooperate with national authorities. They are also required to implement measures to protect fundamental rights, such as freedom of expression and data protection. Furthermore, they must allow vetted researchers access to their data for research purposes.
As an example, Meta has published detailed reports outlining its risk assessments and mitigation measures, including efforts to combat disinformation and illegal content on Facebook and Instagram. Google has similarly outlined its compliance efforts, focusing on transparency and user control.
What are the Penalties for Non-Compliance?
Non-compliance with the Digital Services act can result
