the Digital Services Act (DSA) entered into force yesterday (October 16, 2022). The new set of EU rules intends to create a safer and more accountable online environment in the EEA (the DSA replaced the e-Commerce directive).
The DSA main objectives:
The new rules protect users' fundamental rights in the EU also in the online environment, to all digital services that connect consumers to goods, services, or content.
The DSA aims to create comprehensive new obligations for online platforms "to reduce harms and counter risks online, introduces strong protections for users' rights online, and places digital platforms under a unique new transparency and accountability framework."
Enable users' new protections and businesses' legal certainty across the whole ESM (EU Single Market).
New responsibilities, roles & bodies under the DSA:
A. The regulation will create a new set of rules for online intermediary services on how they design their services and procedures. (include new responsibilities to limit the spread of illegal content and illegal products online, increase the protection of minors, and give users more choices and better information- e.g., opportunity to oppose to a strict T&C).
B. New roles under the DSA for different online players match their function (Intermediary services, Hosting services, Online platforms, Very large platforms). All online intermediaries will have to comply with wide-ranging new transparency obligations to increase accountability and oversight.
C. Under the DSA, suitable risk mitigation measures will have to be put in place and subject to independent auditing of their services and mitigation measures.
D. Smaller platforms and start-ups will benefit from reduced obligations and special exemptions from certain rules.
E. New protections for the freedom of expression will limit arbitrary content moderation decisions by platforms. The platforms will be required to suggest new ways to take informed action against the platform when their content is moderated (for example, users of online platforms will have multiple means of challenging content moderation decisions, including when these decisions are based on platforms' terms and conditions.)
F. Users can complain directly to the platform, choose an out-of-court dispute settlement body or seek redress before Courts.
H. New rules also require platforms' terms to be presented clearly and concisely and to respect users' fundamental rights.
F. The EU Commission will be the primary supervisory authority (not the DPA's member states).
On February 17, 2024, the DSA will become fully applicable for all entities in its scope.
If you have any questions concerning DSA compliance set a video consultation call.
Comments