The EU’s legal (and digital) landscape is about to change this weekend, as the Digital Services Act ("DSA") enters into full force tomorrow. This Regulation, which applied already to 22 very large online platforms and very large online search engines, will now become applicable to all providers of online services that transmit, store, or publish content in the EU. In DSA terminology, these services are also called “intermediary services”. They include online platforms for sharing content, search engines, online marketplaces, hosting services and social media.
The objective of the DSA is to stimulate innovation and the market function as well as to improve online security. This has resulted in an ambitious set of new rules, intended to ensure that the fundamental rights of internet users are guaranteed better and they will get to see less illegal content. Providers of digital services should find it easier to start and grow within the EU. As one set of rules applicable throughout the EU, the DSA should also contribute to legal certainty. Finally, the DSA focuses on improving society as a whole by introducing more supervision on large platforms and fighting the dissemination of disinformation and manipulative information.
Here are some concrete examples of the rules:
- clearly stating the contact details of the digital service provider, so that users can reach this service;
- measures to be taken against illegal content and abuse;
- transparency on content offered, e.g. how it is decided which content gets the top position in a recommender system, and which content ends up at the bottom;
- requirements for the design of online interfaces;
- the obligation to present advertising clearly as “advertising”;
- using understandable general terms and conditions and complying with them.
In the Netherlands, the Authority for Consumers and Markets ("ACM") and the Dutch Data Protection Authority ("AP") will jointly supervise compliance with the DSA. Earlier this year, the ACM published draft guidelines in which it explains how the ACM interprets the DSA rules. Market parties could submit their comments to these guidelines until today.
Our team has naturally been following developments around the DSA closely. Do you have questions about the DSA and/or its implications for your organization? Please do not hesitate to reach out to us!
