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- The Digital Services Act (DSA) is a European Union law that establishes a thorough 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, competition, and transparency.
- For example, the European commission details how VLOPs, those with over 45 million active users in the EU, face the most stringent requirements, including systemic risk assessments and...
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What is teh Digital Services Act (DSA)?
Table of Contents
The Digital Services Act (DSA) is a European Union law that establishes a thorough set of new obligations for online platforms to create a safer digital space for users and fundamental rights. It applies to all online intermediaries offering services in the EU, regardless of were they are established. The DSA entered into force on November 17, 2022, with most provisions applying from February 17, 2024, for all online platforms, and additional obligations for Very Large online platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) applying earlier, starting August 25, 2023.
The DSA aims to address the spread of illegal content online, protect fundamental rights, and foster innovation, competition, and transparency. It covers a wide range of online services, including social networks, online marketplaces, search engines, and hosting services. The law introduces a tiered system of obligations based on the size and impact of the platform.
For example, the European commission details how VLOPs, those with over 45 million active users in the EU, face the most stringent requirements, including systemic risk assessments and independent audits.
Key Obligations Under the DSA
Illegal Content Removal
The DSA requires online platforms to implement mechanisms for users to easily report illegal content. Platforms must then act “expeditiously” upon receiving a notice, removing the content or disabling access to it. The DSA defines “illegal content” as anything unlawful under EU or member state law.
The DSA introduces a “notice-and-action” mechanism, requiring platforms to respond to notices about illegal content. The Notice-and-Action Mechanism, as outlined by the European Commission, allows trusted flaggers to report illegal content, and platforms are obligated to respond within specific timeframes.
As an example, on March 6, 2024, the European Commission announced that X (formerly Twitter) was under examination for potential breaches of the DSA related to the spread of illegal content,specifically regarding disinformation.
transparency and Accountability
The DSA mandates increased transparency from online platforms regarding their content moderation practices, algorithms, and advertising. platforms must provide users with clear explanations of how their content is ranked and recommended. They also need to disclose who is paying for advertisements and why users are seeing those ads.
VLOPs and VLOSEs are required to conduct annual risk assessments to identify systemic risks related to the dissemination of illegal content, the impact on fundamental rights, and the manipulation of their services. They must then implement mitigation measures to address these risks. The European Commission designated 45 VLOPs and VLOSEs on April 26, 2023, initiating the risk assessment process.
As a notable example, Meta, as a VLOP, published it’s first DSA Transparency Report on May 17, 2024, detailing its content moderation efforts and risk assessment findings.
Protection of Fundamental Rights
The DSA aims to protect fundamental rights, including freedom of expression, privacy, and the right to redress. Platforms must respect users’ rights and provide them with effective mechanisms to challenge content moderation decisions.
The law prohibits platforms from using sensitive personal data, such as religious or political beliefs, to target users with advertising. It also restricts the use of dark patterns – deceptive design practices that manipulate users into making unintended choices.
On February 19, 2024, the European Commission announced that it had opened formal proceedings against TikTok over concerns about the protection of minors and compliance with the DSA’s obligations regarding systemic risks.
Enforcement and Penalties
The DSA is enforced by the European Commission, in cooperation with national Digital Services Coordinators in each member state. The Commission has the power to investigate potential breaches of the DSA and impose notable penalties.
For serious infringements, platforms can be fined up to 6% of their global annual turnover. In cases of repeated serious infringements, the Commission can even order a temporary ban on the platform’s services in the EU.