The European Commission has been actively working on the implementation of the Digital Services Act (DSA) since its entry into force in November 2022. The DSA aims to create a “safe, predictable, and trusted online environment” by imposing legal obligations, transparency requirements, and due diligence on internet companies, referred to as “intermediary service providers.” The DSA will be enforced by national authorities (Digital Services Coordinators). EU Member States must designate these national authorities by February 17, 2024. In the case of Very Large Online Platforms (VLPO) and Very Large Search Engines (VLSE), the European Commission will exercise supervisory powers over them.
Overview of Actions
The following summary focuses on the enforcement of the DSA by the European Commission and is based on official press releases issued by the Commission, the Court of Justice of the European Union, and stakeholders. Since July 2023, numerous significant actions and events related to the DSA have taken place. Most of these actions have involved preparatory work necessary to establish a comprehensive framework for enforcing the DSA. The Commission has already started enforcing the law by sending over twenty information requests and initiating one formal proceeding against X. The upcoming months are expected to be equally, if not more, intensive. There will be more country-level events as the DSA’s application applies to all companies, not just VLPOs and VLSEs, starting from February 17, 2024.
Enforcement Actions
Designation of VLPOs and VLSEs: The DSA is already in effect for 17 companies that operate 22 VLPOs and VLSEs, namely: Alibaba (AliExpress), Amazon (Amazon Store), Apple (App Store), Aylo Freesites (Pornhub), Booking.com (Booking.com), Google (Google Search, Google Play, Google Maps, Google Shopping, YouTube), LinkedIn (LinkedIn), Meta (Facebook, Instagram), Microsoft (Bing), Pinterest (Pinterest), Snap (Snapchat), Technius (Stripchat), TikTok (TikTok), Twitter (X), WebGroup Czech Republic (XVideos), Wikimedia Foundation (Wikipedia), and Zalando (Zalando). From February 17, 2024, the DSA will apply to all intermediary service providers.
Most VLPOs and VLSEs (19 out of 22) were designated in April 2023. In December 2023, the European Commission announced the designation of the remaining three, Pornhub, Stripchat, and XVideos. Zalando appealed its designation as a VLPO in June 2023. Amazon also appealed its designation and requested interim measures. The Court of Justice of the European Union partially granted these measures, relieving Amazon from the obligation to publicly provide an advertising repository, which would have required compliance with the DSA.
Requests for Information: Additionally, the Commission has sent 24 requests for information to Alibaba (2), Amazon (2), Apple (2), Booking.com, Google (3), LinkedIn, Meta (4), Microsoft, Pinterest, Snap (2), TikTok (3), X, and Zalando. The scope of the Commission’s actions is diverse. Seventeen requests concern access to data for authorized researchers. The protection of minors is clearly mentioned in eight other actions. The term “illegal content” is used in six. Legal but objectionable content is also addressed in various ways across all these actions.
Formal Proceedings: In December, the European Commission announced a formal proceeding against X. This proceeding focuses on the compliance of X with DSA obligations regarding combating the dissemination of illegal content, the effectiveness of actions taken to counter information manipulation, actions taken by X to increase the transparency of its platform, and suspicious interface manipulation, especially related to the blue badge.
Reports and Transparency
Under the DSA, VLPOs and VLSEs must prepare two main types of reports regularly. The first type concerns how companies assess and mitigate systemic risks. The second, known as transparency reports, pertains to broader aspects of content moderation.
Systemic Risk Reports: VLPOs and VLSEs submitted the first batch of systemic risk reports to the European Commission in the summer of 2023, but they have not yet been publicly released. We will likely have to wait until the second half of 2024 to access the company reports on systemic risk and conducted audits. In August, the Commission published a study proposing an approach to assess the effectiveness of online platforms’ actions against Russian disinformation based on the systemic risk obligations of the DSA. We reviewed this study and criticized its approach in an article published in Tech Policy Press.
Transparency Reports: The first transparency reports were published by designated VLPOs and VLSEs in October 2023 (Pornhub, Stripchat, and XVideos have not been designated yet). Tech Policy Press is monitoring the transparency reports and has analyzed the reports released so far. Overall, all companies have issued their reports on time, but their quality and level of detail vary significantly. Additionally, comparing their content has been challenging due to the “varying interpretations of DSA provisions, which impose different obligations on VLPOs and VLSEs.” As explained below, the Commission intends to address this issue by adopting a regulation aiming to standardize transparency reports.
Public Databases: The European Commission has also launched the DSA Transparency Database with a new interface. Platforms are required to explain the reasons for content moderation decisions in this database. According to the Commission, the database will allow the public to “track content moderation decisions made by online platform providers in quasi-real time.” Additionally, in December, the Commission launched the Digital Service Terms and Conditions Database. As the name suggests, the database contains terms and conditions for digital services. It employs an automatic system that checks the database’s terms and conditions multiple times a day and highlights new changes.
Regulations and Public Consultations
Independent Audits of Platform Compliance with the DSA: In October 2023, the European Commission adopted a Delegated Regulation on independent audits. The binding rules provide a framework for auditors to assess the compliance of VLPOs and VLSEs with the DSA at least once a year. If the European Parliament or the Council of the European Union does not oppose these rules, they will soon be applied.
Limiting the Dissemination of Illegal Content: In the context of the Israeli-Hamas conflict, the European Commission also issued a non-binding recommendation to EU Member States. It aimed to coordinate countries’ actions in response to this conflict.
FAQ Section:
1. What is the Digital Services Act (DSA)?
– The Digital Services Act (DSA) aims to create a “safe, predictable, and trusted online environment.” It imposes procedural obligations, transparency requirements, and due diligence on internet companies known as “intermediary service providers.”
2. How will the DSA be enforced?
– The DSA will be enforced by national authorities (Digital Services Coordinators) in the EU Member States.
3. By when do Member States have to designate national authorities for DSA enforcement?
– Member States must designate these national authorities by February 17, 2024.
4. How will the European Commission supervise Very Large Online Platforms (VLPOs) and Very Large Search Engines (VLSEs)?
– The European Commission will exercise supervisory powers over VLPOs and VLSEs.
5. What enforcement actions have been taken so far?
– The European Commission has sent over twenty information requests and initiated one formal proceeding against one entity.
The source of the article is from the blog aovotice.cz