The Digital Services Act: Elevating Online Safety and Accountability

The Digital Services Act (DSA) is a significant regulation targeting online intermediaries and platforms, including marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms in the European Commission Its primary objective is to prevent illegal and harmful activities online and limit the spread of disinformation. The DSA aims to ensure user safety, protect fundamental rights, and establish a fair and open online platform environment.

Key Goals of the Digital Services Act

The DSA is designed to protect consumers and their fundamental rights online by setting clear and proportionate rules. It fosters innovation, growth, and competitiveness, facilitating the scaling up of smaller platforms, SMEs, and start-ups. The roles of users, platforms, and public authorities are rebalanced according to European values, placing citizens at the center.

  • For Citizens:
    • Enhanced protection of fundamental rights
    • Increased control and choice
    • Improved protection of children online
    • Reduced exposure to illegal content
  • For Providers of Digital Services:
    • Legal certainty
    • A unified set of rules across the EU
    • Simplified processes for starting up and scaling up in Europe
  • For Business Users of Digital Services:
    • Access to EU-wide markets through platforms
    • A level playing field against providers of illegal content
  • For Society at Large:
    • Greater democratic control and oversight over systemic platforms
    • Mitigation of systemic risks, such as manipulation or disinformation

The Impact of the Digital Services Act on Digital Platforms

The DSA includes rules for online intermediary services, which millions of Europeans use every day. The obligations of different online players match their role, size, and impact in the online ecosystem.

Providers Covered by the DSA
  • Very Large Online Platforms (VLOPs) and Search Engines (VLOSEs):
    • These platforms pose particular risks in the dissemination of illegal content and societal harms.
    • Specific rules apply to platforms reaching more than 10% of 450 million consumers in Europe.
  • Online Platforms:
    • These platforms bring together sellers and consumers, such as online marketplaces, app stores, collaborative economy platforms, and social media platforms.
  • Hosting Services:
    • These include cloud and web hosting services (also including online platforms).
  • Intermediary Services Offering Network Infrastructure:
    • These services include Internet access providers and domain name registrars (also including hosting services).

All online intermediaries offering their services in the single market, whether established in the EU or outside, will have to comply with the new rules. Micro and small companies will have obligations proportionate to their ability and size while ensuring they remain accountable. Additionally, even if micro and small companies grow significantly, they will benefit from a targeted exemption from a set of obligations during a transitional 12-month period.

Digital Services Act Implementation

As of February 17, 2024, the DSA rules apply to all platforms. Since the end of August 2023, these rules had already applied to designated platforms with more than 45 million users in the EU (10% of the EU’s population), the so-called Very Large Online Platforms (VLOPs) or Very Large Online Search Engines (VLOSEs).

The Commission will enforce the DSA together with national authorities, who will supervise the compliance of the platforms established in their territory. The Commission is primarily responsible for the monitoring and enforcement of the additional obligations applying to VLOPs and VLOSEs, such as the measures to mitigate systemic risks.

The cooperation framework under the Digital Services Act

The enforcement framework under the Digital Services Act

For more information, The Digital Services Act.

Source: European Commission