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- The Digital Services Act (DSA) is a European union law that establishes a comprehensive set of new obligations for online platforms to create a safer digital space for...
- The DSA aims to address the spread of illegal content online, protect fundamental rights, and foster innovation.
- For example, Meta Platforms, including Facebook and Instagram, and Google, including YouTube and Google Search, are designated as VLOPs and VLOSEs and are subject to heightened scrutiny.
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What is the Digital Services Act (DSA)?
Table of Contents
The Digital Services Act (DSA) is a European union law that establishes a comprehensive set of new obligations for online platforms to create a safer digital space for users and fundamental rights. It was adopted on October 20, 2022, and began to apply to all online platforms operating in the EU on February 17, 2024, with full application for all providers by February 17, 2025. The European Commission’s Digital Strategy website provides detailed information on the DSA.
The DSA aims to address the spread of illegal content online, protect fundamental rights, and foster innovation. It applies to a wide range of online services, including social networks, online marketplaces, search engines, and hosting services. The law categorizes online platforms based on their size and reach, imposing different levels of obligation on each category. Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) - those with 45 million or more monthly active users in the EU – face the most stringent requirements.
For example, Meta Platforms, including Facebook and Instagram, and Google, including YouTube and Google Search, are designated as VLOPs and VLOSEs and are subject to heightened scrutiny. the European Commission announced the designation of 45 VLOPs and VLOSEs on April 26, 2023.
Key Obligations Under the DSA
the Digital services Act imposes a tiered system of obligations on online intermediaries, ranging from basic ”notice-and-action” mechanisms to comprehensive risk management requirements. These obligations are designed to address illegal content, disinformation, and harmful products sold online.
- Illegal Content Removal: All online intermediaries must implement mechanisms to allow users to report illegal content, and must act expeditiously to remove it once notified. The European Commission details the requirements for illegal content removal.
- Openness Requirements: Platforms must be clear about their content moderation policies, algorithms, and advertising practices.
- User Empowerment: Users must have more control over the content they see online, including the ability to opt-out of algorithmic recommendations.
- Risk Assessments: VLOPs and VLOSEs are required to conduct annual risk assessments to identify and mitigate systemic risks, such as the spread of disinformation, hate speech, and harmful content targeting vulnerable groups.
- Independent Audits: VLOPs and VLOSEs are subject to independent audits to verify their compliance with the DSA.
As of December 2023, platforms are required to provide users with clear explanations of how their suggestion systems work. reuters reported on the EU’s enforcement of transparency requirements for recommendation algorithms on December 13, 2023.
Enforcement and penalties
The enforcement of the Digital Services Act is primarily the responsibility of the European Commission, with assistance from the Digital Services Coordinators (DSCs) in each EU member state. The Commission has the power to investigate and impose significant penalties for non-compliance.
Non-compliance with the DSA can result in fines of up to 6% of a platform’s global annual revenue.In cases of repeated serious infringements, the Commission can also impose a temporary ban on the platform’s operations within the EU. the European Parliament provides a summary of the DSA’s enforcement mechanisms.
The first penalty under the DSA was issued to TikTok in December 2023 for failing to adequately protect child users. The Irish Data Protection Commission (DPC), acting as the lead supervisory authority, imposed a fine of €345,000. The Irish DPC announced the fine against TikTok on December 13, 2023.
Several organizations and entities play a crucial role in the implementation and enforcement of the Digital Services Act.
- European Commission: The primary body responsible for overseeing the DSA