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Digital Services Act

November 10, 2023

The Digital Services Act (Regulation (EU) 2022/2065, DSA) is a regulation in EU law to update the Electronic Commerce Directive 2000 regarding illegal content, transparent advertising, and disinformation.[1][2] It was submitted along with the Digital Markets Act (DMA) by the European Commission to the European Parliament and the Council on 15 December 2020.[3][4] The DSA was prepared by the Executive Vice President of the European Commission for A Europe Fit for the Digital Age Margrethe Vestager and by the European Commissioner for Internal Market Thierry Breton, as members of the Von der Leyen Commission.[5]

Regulation (EU) 2022/2065
European Union regulation
Text with EEA relevance
TitleRegulation on a Single Market For Digital Services
Made byEuropean Parliament and Council of the European Union
Journal referenceOJ L 277, 27.10.2022, p. 1–102
History
Date made19 October 2022
Preparative texts
Commission proposalCOM/2020/825 final
Current legislation

On 22 April 2022, European policymakers reached an agreement on the Digital Services Act.[6][7] The European Parliament approved the DSA along with the Digital Markets Act on 5 July 2022.[8] On 4 October 2022, the European Council gave its final approval to the Regulation on a Digital Services Act.[9] It was published in the Official Journal of the European Union on 19 October 2022. Affected service providers will have until 1 January 2024 to comply with its provisions. Popular online platforms and search engines will need to comply with their obligations four months after they have been designated as such by the EU Commission.[8]

Objectives of the DSA edit

Ursula von der Leyen proposed a "new Digital Services Act", in her 2019 bid for the European Commission's presidency.[10] The expressed purpose of the DSA is to update the European Union's legal framework for illegal content on intermediaries, in particular by modernising the e-Commerce Directive adopted in 2000. In doing so, the DSA aims to harmonise different national laws in the European Union that have emerged at national level to address illegal content.[1] Most prominent amongst these laws has been the German NetzDG, and similar laws in Austria ("Kommunikationsplattformen-Gesetz") and France ("Loi Avia"). With the adoption of the Digital Services Act at European level, those national laws would be overwritten and would have to be repealed.[11]

In practice, this will mean new legislation regarding illegal content, transparent advertising and disinformation.[2]

New obligations on platform companies edit

The DSA is meant to "govern the content moderation practices of social media platforms" and address illegal content.[12] It is organised in five chapters, with the most important chapters regulating the liability exemption of intermediaries (Chapter 2), the obligations on intermediaries (Chapter 3), and the cooperation and enforcement framework between the commission and national authorities (Chapter 4).

The DSA proposal maintains the current rule according to which companies that host others' data become liable when informed that this data is illegal.[12] This so-called "conditional liability exemption" is fundamentally different[13][14] from the broad immunities given to intermediaries under the equivalent rule ("Section 230 CDA") in the United States.

In addition to the liability exemptions, the DSA would introduce a wide-ranging set of new obligations on platforms, including some that aim to disclose to regulators how their algorithms work, while other obligations would create transparency on how decisions to remove content are taken and on the way advertisers target users. The European Centre for Algorithmic Transparency was created to aid the enforcement of this.[15]

A 16 November 2021 Internet Policy Review listed some of new obligations including mandatory "notice-and-action" requirements, for example, respect fundamental rights, mandatory redress for content removal decisions, and a comprehensive risk management and audit framework.[16]

A December 2020 Time article said that while many of its provisions only apply to platforms which have more than 45 million users in the European Union, the Act could have repercussions beyond Europe. Platforms including Facebook, Twitter, TikTok, and Google's subsidiary YouTube would meet that threshold and be subjected to the new obligations.[17] Companies that do not comply with the new obligations risk fines of up to 6% on their annual turnover in the European Union.[17]

Very large online platforms edit

On 23 April 2023, the European Commission named a first list of 19 online platforms that will be required to comply starting 25 August 2023.[18] They include the following very large online platforms (VLOPs) with more than 45 million monthly active users in the EU as of 17 February 2023.[19]

Very Large Online Search Engines (VLOSEs):

Amazon and Zalando both initiated proceedings in the General Court challenging the designations, claiming unequal treatment compared to other large retailers, and that their core business models are retail not distributing third party content/products, with Zalando arguing the criteria and methodology lack transparency e.g. in how it counts active users, and Amazon claiming VLOP rules are disproportionate for its business model and asking to be exempted from transparency around targeted ads.[20][21]

Legislative history edit

The Digital Services Act builds in large parts on the non-binding Commission Recommendation 2018/314 of 1 March 2018[22] when it comes to illegal content on platforms. However, it goes further in addressing topics such as disinformation and other risks especially on very large online platforms. As part of the preparatory phase, the European Commission launched a public consultation on the package to gather evidence between July and September 2020.[23][24] An impact assessment was published alongside the proposal on 15 December 2020 with the relevant evidence base.[25]

The European Parliament appointed Danish Social Democrat Christel Schaldemose as rapporteur for the Digital Services Act. On 20 January 2022 the Parliament voted to introduce amendments in the DSA for tracking-free advertising and a ban on using a minor's data for targeted ads, as well as a new right for users to seek compensation for damages.[26] In the wake of the Facebook Files revelations and a hearing by Facebook Whistleblower Frances Haugen in the European Parliament,[27] the European Parliament also strengthened the rules on fighting disinformation and harmful content, as well as tougher auditing requirements.[28]

The Council of the European Union adopted its position on 25 November 2021.[29] The most significant changes introduced by the Member States are to entrust the European Commission with the enforcement of the new rules, in the wake of allegations and complaints that the Irish Data Protection Watchdog was not effectively policing the bloc's data protection rules against platform companies.[30]

The Data Governance Act (DGA) was formally approved by the European Parliament on 6 April 2022.[31] This sets up a legal framework for common data spaces in Europe which will increase data sharing in sectors such as finance, health, and the environment.[31][32]

With Russia using social media platforms to spread misinformation about the 2022 Russian invasion of Ukraine, European policymakers felt a greater sense of urgency to move the legislation forward to ensure that major tech platforms were transparent and properly regulated, according to The Washington Post.[33] On 22 April 2022, the Council of the European Union and the European Parliament reached a deal on the Digital Services Act in Brussels following sixteen hours of negotiations.[6][34][35] According to The Washington Post, the agreement reached in Brussels solidifies the two-bill plan— the Digital Services Act and the Digital Markets Act, a law regulating competition. The latter is aimed at preventing abuse of power against smaller competitors by larger "gatekeepers". The next stage before the bills become law, was the votes from the Parliament and policymakers from EU 27 nations. The law passed on October the 19th of 2022. This was considered to be a formality.[33]

Reactions edit

Media reactions to the Digital Services Act have been mixed. In January 2022, the editorial board of The Washington Post stated that the U.S. could learn from these rules,[36] while whistleblower Frances Haugen stated that it could set a "gold standard" of regulation worldwide.[37] Tech journalist Casey Newton has argued that the DSA will shape US tech policy.[38] Mike Masnick of Techdirt praised the DSA for ensuring the right to pay for digital services anonymously, but criticised the act for not including provisions that would have required a court order for the removal of illegal content.[39]

Scholars have begun critically examining the Digital Services Act.[40][41] Some academics have expressed concerns that the Digital Services Act might be too rigid and prescribed,[42] excessively focused on individual content decisions or vague risk assessments.[43]

Civil Society organisations such as Electronic Frontier Foundation have called for stronger privacy protections.[44] Human Rights Watch has welcomed the transparency and user remedies but called for an end to abusive surveillance and profiling.[45] Amnesty International has welcomed many aspects of the proposal in terms of fundamental rights balance, but also asked for further restrictions on advertising.[46] Advocacy organisation Avaaz has compared the Digital Services Act to the Paris Agreement for climate change.[47]

Tech companies have repeatedly criticised the heavy burden of the rules and the alleged lack of clarity of the Digital Services Act,[48] and have been accused of lobbying to undermine some of the more far-reaching demands by law-makers, notably on bans for targeted advertising,[49] and a high-profile apology from Sundar Pichai to Thierry Breton on leaked plans by Google to lobby against the Digital Services Act.[50]

A bipartisan group of US senators have called the DSA and DMA discriminatory, claiming that the legislation would "[focus on] regulations on a handful of American companies while failing to regulate similar companies based in Europe, China, Russia and elsewhere."[51][52]

The DSA was mostly welcomed by the European media sector.[53] Due to the influence gatekeepers have in selecting and controlling the visibility of certain journalistic articles over others through their online platforms, the European Federation of Journalists encouraged EU legislators to further increase the transparency of platforms' recommendation systems via the DSA.[54]

Nevertheless, the DSA's later stage inter-institutional negotiations, or Trilogues, have been criticized as lacking transparency and equitable participation.[55] These criticisms mirror past experiences with the drafting of the EU Regulation on Preventing the Dissemination of Terrorist Content Online as well as the General Data Protection Regulation (GDPR).[56]

Swedish MEP Jessica Stegrud argued that the DSA's focus on preventing the spread of disinformation and "harmful content" would undermine freedom of speech.[57]

See also edit

References edit

  1. ^ a b Stolton, Samuel (18 August 2020). "Digital agenda: Autumn/Winter Policy Briefing". www.euractiv.com. from the original on 4 September 2020. Retrieved 2 September 2020.
  2. ^ a b Espinoza, Javier (28 October 2020). "Internal Google document reveals campaign against EU lawmakers". Financial Times. from the original on 30 October 2021. Retrieved 29 October 2020.
  3. ^ "The Digital Services Act package". Directorate-General CONNECT of the European Commission. from the original on 17 April 2021. Retrieved 29 December 2020.
  4. ^ Espinoza, Javier; Hindley, Scott (16 December 2019). "Brussels' plans to tackle digital 'gatekeepers' spark fevered debate". Financial Times. from the original on 30 October 2021. Retrieved 29 December 2020.
  5. ^ "EU Digital Services Act set to bring in new rules for tech giants". BBC News. 15 December 2020. from the original on 30 October 2021. Retrieved 24 January 2021.
  6. ^ a b Satariano, Adam (22 April 2022). "E.U. Takes Aim at Social Media's Harms With Landmark New Law". The New York Times. ISSN 0362-4331. from the original on 23 October 2022. Retrieved 29 April 2022.
  7. ^ Bertuzzi, Luca (23 April 2022). "EU institutions reach agreement on Digital Services Act". www.euractiv.com. from the original on 25 April 2023. Retrieved 25 April 2023.
  8. ^ a b "Digital Services: landmark rules adopted for a safer, open online environment". 5 July 2022. from the original on 16 October 2022. Retrieved 5 July 2022.
  9. ^ "The EU Digital Services Act - Europe's New Regime for Content Moderation". 4 October 2022. from the original on 10 October 2022. Retrieved 10 October 2022.
  10. ^ Candidate for President of the European Commission Ursula von der Leyen, 'A Union that strives for more: My agenda for Europe' (2019) 17 July 2019 at the Wayback Machine (PDF).
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  12. ^ a b "The EU's attempt to regulate Big Tech: What it brings and what is missing". European Digital Rights (EDRi). 18 December 2020. Archived from the original on 16 April 2021. Retrieved 29 December 2020.
  13. ^ Wilman, Folkert (19 November 2020). The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US. Edward Elgar. ISBN 978-1-83910-483-1.
  14. ^ Johnson, Ashley; Castro, Daniel (22 February 2021). "How Other Countries Have Dealt With Intermediary Liability". Information Technology and Innovation Foundation. from the original on 10 April 2022. Retrieved 10 April 2022.
  15. ^ Bertuzzi, Luca (19 April 2023). "EU launches research centre on algorithmic transparency". www.euractiv.com. from the original on 20 April 2023. Retrieved 20 April 2023.
  16. ^ "The Digital Services Act: risk-based regulation of online platforms". Internet Policy Review. 16 November 2021. from the original on 23 March 2022. Retrieved 10 April 2022.
  17. ^ a b Perrigo, Billy (15 December 2020). "How the E.U's Sweeping New Regulations Against Big Tech Could Have an Impact Beyond Europe". Time. from the original on 30 October 2021. Retrieved 29 December 2020.
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  19. ^ "DSA: Very Large Online Platforms and Search Engines". European Commission - European Commission. from the original on 25 April 2023. Retrieved 26 April 2023.
  20. ^ Tar, Julia (11 July 2023). "Amazon joins Zalando in challenging very large online platform designation". Euractiv. Retrieved 26 August 2023.
  21. ^ Rauer, Nils (13 July 2023). "Unpacking Amazon's legal challenge to its Digital Services Act designation". Pinsent Masons. Retrieved 26 August 2023.
  22. ^ "Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online". EUR-Lex. 6 March 2018.
  23. ^ "Press corner". European Commission - European Commission. from the original on 27 December 2020. Retrieved 2 September 2020.
  24. ^ "Europe asks for views on platform governance and competition tools". TechCrunch. 2 June 2020. Retrieved 2 September 2020.[permanent dead link]
  25. ^ "Impact assessment of the Digital Services Act | Shaping Europe's digital future". digital-strategy.ec.europa.eu. 15 December 2020. from the original on 2 April 2022. Retrieved 10 April 2022.
  26. ^ "Digital Services Act: regulating platforms for a safer online space for users | News | European Parliament". www.europarl.europa.eu. 20 January 2022. from the original on 8 April 2022. Retrieved 10 April 2022.
  27. ^ "Frances Haugen to MEPs: EU digital rules can be a game changer for the world | News | European Parliament". www.europarl.europa.eu. 11 August 2021. from the original on 29 March 2022. Retrieved 10 April 2022.
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  30. ^ "Ireland's privacy watchdog sued over Google adtech inaction". TechCrunch. 15 March 2022. Retrieved 10 April 2022.
  31. ^ a b "Data governance: Parliament approves new rules boosting intra-EU data sharing | News | European Parliament". 6 April 2022. from the original on 29 April 2022. Retrieved 29 April 2022.
  32. ^ Daly, Sidley Austin LLP-Ken; Zdzieborska, Monika; Shajko, Fiona (27 April 2022). "EU Data Governance Act - Edging Closer to a European Single Market for Data". Lexology. from the original on 8 June 2022. Retrieved 29 April 2022.
  33. ^ a b Zakrzewski, Cat (22 April 2022). "Europe to slap new regulations on Big Tech, beating U.S. to the punch". The Washington Post. ISSN 0190-8286. from the original on 23 April 2022. Retrieved 29 April 2022.
  34. ^ "Digital Services Act: Commission welcomes political agreement on rules ensuring a safe and accountable online environment" (Press release). Brussels: European Commission. 23 April 2022. from the original on 23 April 2022. Retrieved 23 April 2022.
  35. ^ Foo Yun Chee (22 April 2022). "EU sets new online rules for Google, Meta to curb illegal content". Reuters. from the original on 23 April 2022. Retrieved 23 April 2022.
  36. ^ "The U.S. could learn from Europe's online speech rules". The Washington Post. ISSN 0190-8286. from the original on 31 January 2022. Retrieved 10 April 2022.
  37. ^ "EU could set 'gold standard' on big tech - Haugen". RTÉ.ie. 8 November 2021. from the original on 10 April 2022. Retrieved 10 April 2022.
  38. ^ "European values are starting to define U.S. tech privacy, says journalist". NPR.org. from the original on 10 April 2022. Retrieved 10 April 2022.
  39. ^ Masnick, Mike (28 January 2022). "EU Parliament's 'More Thoughtful' Approach To Regulating The Internet Still A Complete Disaster". Techdirt. Retrieved 12 October 2023.
  40. ^ "DSA Observatory – a hub of expertise on the DSA package". from the original on 3 April 2022. Retrieved 10 April 2022.
  41. ^ "DSA in Perspective Seminar Series". Brussels Privacy Hub. from the original on 16 May 2022. Retrieved 10 April 2022.
  42. ^ Keller, Daphne (2022). "The DSA's Industrial Model for Content Moderation". Verfassungsblog: On Matters Constitutional (in German). doi:10.17176/20220224-121133-0. from the original on 9 March 2022. Retrieved 10 April 2022.
  43. ^ Douek, Evelyn (10 January 2022). "Content Moderation as Administration". Rochester, NY. doi:10.2139/ssrn.4005326. SSRN 4005326. {{cite journal}}: Cite journal requires |journal= (help)
  44. ^ Schmon, Christoph (20 January 2022). "DSA: EU Parliament Vote Ensures a Free Internet, But a Final Regulation Must Add Stronger Privacy Protections". Electronic Frontier Foundation. from the original on 8 April 2022. Retrieved 10 April 2022.
  45. ^ "EU: Put Fundamental Rights at Top of Digital Regulation". Human Rights Watch. 7 January 2022. from the original on 10 April 2022. Retrieved 10 April 2022.
  46. ^ "Amnesty International Position on the Proposals for a Digital Services Act and a Digital Markets Act". European Institutions Office. 30 March 2021. from the original on 4 February 2022. Retrieved 10 April 2022.
  47. ^ Nicotra, Luca (24 February 2022). "Could the EU be on the cusp of a Paris Agreement For The Internet?". www.euractiv.com. from the original on 10 April 2022. Retrieved 10 April 2022.
  48. ^ "Documents". from the original on 19 May 2022. Retrieved 10 April 2022.
  49. ^ "How corporate lobbying undermined the EU's push to ban surveillance ads | Corporate Europe Observatory". corporateeurope.org. from the original on 4 March 2022. Retrieved 10 April 2022.
  50. ^ Espinoza, Javier (13 November 2020). "Google apologises to Thierry Breton over plan to target EU commissioner". Financial Times. from the original on 10 April 2022. Retrieved 10 April 2022.
  51. ^ "Finance Committee Leaders Wyden and Crapo: Biden Administration Must Fight Back Against Discriminatory Digital Trade Policies | The United States Senate Committee on Finance". www.finance.senate.gov. from the original on 23 April 2022. Retrieved 10 April 2022.
  52. ^ "Lawmakers Argue Pending European Tech Laws Disadvantage American Firms". Nextgov.com. 2 February 2022. from the original on 7 March 2022. Retrieved 10 April 2022.
  53. ^ Bertuzzi, Luca (25 June 2021). "Digital Brief: Calls for biometrical ban, online marketplaces' threat, Germany's antitrust crusade". www.euractiv.com. from the original on 27 June 2021. Retrieved 29 June 2021.
  54. ^ Killeen, Molly (25 June 2021). "Media sector eyes opportunity to rebalance relations with online platforms". www.euractiv.com. from the original on 26 June 2021. Retrieved 29 June 2021.
  55. ^ Allen, Asha (29 April 2022). "The EU's Opaque Policy-Making Has Never Been Clearer". WIRED. from the original on 30 April 2022. Retrieved 3 May 2022.
  56. ^ Skiera, Bernd (2022). The impact of the GDPR on the online advertising market. Klaus Miller, Yuxi Jin, Lennart Kraft, René Laub, Julia Schmitt. Frankfurt am Main. ISBN 978-3-9824173-0-1. OCLC 1303894344.{{cite book}}: CS1 maint: location missing publisher (link)
  57. ^ Stegrud, Jessica (25 April 2022). "The EU's Digital Services Act is undermining free speech, Brussels Report". Brussels Report. from the original on 11 October 2022. Retrieved 11 October 2022.

External links edit

  • European Commission: The Digital Services Act
  • Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market For Digital Services on EUR-Lex
  • Procedure 2020/0361(COD) on ŒIL

November 10, 2023
digital, services, regulation, 2022, 2065, regulation, update, electronic, commerce, directive, 2000, regarding, illegal, content, transparent, advertising, disinformation, submitted, along, with, digital, markets, european, commission, european, parliament, c. The Digital Services Act Regulation EU 2022 2065 DSA is a regulation in EU law to update the Electronic Commerce Directive 2000 regarding illegal content transparent advertising and disinformation 1 2 It was submitted along with the Digital Markets Act DMA by the European Commission to the European Parliament and the Council on 15 December 2020 3 4 The DSA was prepared by the Executive Vice President of the European Commission for A Europe Fit for the Digital Age Margrethe Vestager and by the European Commissioner for Internal Market Thierry Breton as members of the Von der Leyen Commission 5 Regulation EU 2022 2065European Union regulationText with EEA relevanceTitleRegulation on a Single Market For Digital ServicesMade byEuropean Parliament and Council of the European UnionJournal referenceOJ L 277 27 10 2022 p 1 102HistoryDate made19 October 2022Preparative textsCommission proposalCOM 2020 825 finalCurrent legislationOn 22 April 2022 European policymakers reached an agreement on the Digital Services Act 6 7 The European Parliament approved the DSA along with the Digital Markets Act on 5 July 2022 8 On 4 October 2022 the European Council gave its final approval to the Regulation on a Digital Services Act 9 It was published in the Official Journal of the European Union on 19 October 2022 Affected service providers will have until 1 January 2024 to comply with its provisions Popular online platforms and search engines will need to comply with their obligations four months after they have been designated as such by the EU Commission 8 Contents 1 Objectives of the DSA 2 New obligations on platform companies 3 Very large online platforms 4 Legislative history 5 Reactions 6 See also 7 References 8 External linksObjectives of the DSA editUrsula von der Leyen proposed a new Digital Services Act in her 2019 bid for the European Commission s presidency 10 The expressed purpose of the DSA is to update the European Union s legal framework for illegal content on intermediaries in particular by modernising the e Commerce Directive adopted in 2000 In doing so the DSA aims to harmonise different national laws in the European Union that have emerged at national level to address illegal content 1 Most prominent amongst these laws has been the German NetzDG and similar laws in Austria Kommunikationsplattformen Gesetz and France Loi Avia With the adoption of the Digital Services Act at European level those national laws would be overwritten and would have to be repealed 11 In practice this will mean new legislation regarding illegal content transparent advertising and disinformation 2 New obligations on platform companies editThe DSA is meant to govern the content moderation practices of social media platforms and address illegal content 12 It is organised in five chapters with the most important chapters regulating the liability exemption of intermediaries Chapter 2 the obligations on intermediaries Chapter 3 and the cooperation and enforcement framework between the commission and national authorities Chapter 4 The DSA proposal maintains the current rule according to which companies that host others data become liable when informed that this data is illegal 12 This so called conditional liability exemption is fundamentally different 13 14 from the broad immunities given to intermediaries under the equivalent rule Section 230 CDA in the United States In addition to the liability exemptions the DSA would introduce a wide ranging set of new obligations on platforms including some that aim to disclose to regulators how their algorithms work while other obligations would create transparency on how decisions to remove content are taken and on the way advertisers target users The European Centre for Algorithmic Transparency was created to aid the enforcement of this 15 A 16 November 2021 Internet Policy Review listed some of new obligations including mandatory notice and action requirements for example respect fundamental rights mandatory redress for content removal decisions and a comprehensive risk management and audit framework 16 A December 2020 Time article said that while many of its provisions only apply to platforms which have more than 45 million users in the European Union the Act could have repercussions beyond Europe Platforms including Facebook Twitter TikTok and Google s subsidiary YouTube would meet that threshold and be subjected to the new obligations 17 Companies that do not comply with the new obligations risk fines of up to 6 on their annual turnover in the European Union 17 Very large online platforms editOn 23 April 2023 the European Commission named a first list of 19 online platforms that will be required to comply starting 25 August 2023 18 They include the following very large online platforms VLOPs with more than 45 million monthly active users in the EU as of 17 February 2023 19 Alibaba AliExpress Amazon Store Apple AppStore Booking com Facebook Google Play Google Maps Google Shopping Instagram LinkedIn Pinterest Snapchat TikTok Twitter currently rebranding to X Wikipedia YouTube ZalandoVery Large Online Search Engines VLOSEs Bing Google SearchAmazon and Zalando both initiated proceedings in the General Court challenging the designations claiming unequal treatment compared to other large retailers and that their core business models are retail not distributing third party content products with Zalando arguing the criteria and methodology lack transparency e g in how it counts active users and Amazon claiming VLOP rules are disproportionate for its business model and asking to be exempted from transparency around targeted ads 20 21 Legislative history editThe Digital Services Act builds in large parts on the non binding Commission Recommendation 2018 314 of 1 March 2018 22 when it comes to illegal content on platforms However it goes further in addressing topics such as disinformation and other risks especially on very large online platforms As part of the preparatory phase the European Commission launched a public consultation on the package to gather evidence between July and September 2020 23 24 An impact assessment was published alongside the proposal on 15 December 2020 with the relevant evidence base 25 The European Parliament appointed Danish Social Democrat Christel Schaldemose as rapporteur for the Digital Services Act On 20 January 2022 the Parliament voted to introduce amendments in the DSA for tracking free advertising and a ban on using a minor s data for targeted ads as well as a new right for users to seek compensation for damages 26 In the wake of the Facebook Files revelations and a hearing by Facebook Whistleblower Frances Haugen in the European Parliament 27 the European Parliament also strengthened the rules on fighting disinformation and harmful content as well as tougher auditing requirements 28 The Council of the European Union adopted its position on 25 November 2021 29 The most significant changes introduced by the Member States are to entrust the European Commission with the enforcement of the new rules in the wake of allegations and complaints that the Irish Data Protection Watchdog was not effectively policing the bloc s data protection rules against platform companies 30 The Data Governance Act DGA was formally approved by the European Parliament on 6 April 2022 31 This sets up a legal framework for common data spaces in Europe which will increase data sharing in sectors such as finance health and the environment 31 32 With Russia using social media platforms to spread misinformation about the 2022 Russian invasion of Ukraine European policymakers felt a greater sense of urgency to move the legislation forward to ensure that major tech platforms were transparent and properly regulated according to The Washington Post 33 On 22 April 2022 the Council of the European Union and the European Parliament reached a deal on the Digital Services Act in Brussels following sixteen hours of negotiations 6 34 35 According to The Washington Post the agreement reached in Brussels solidifies the two bill plan the Digital Services Act and the Digital Markets Act a law regulating competition The latter is aimed at preventing abuse of power against smaller competitors by larger gatekeepers The next stage before the bills become law was the votes from the Parliament and policymakers from EU 27 nations The law passed on October the 19th of 2022 This was considered to be a formality 33 Reactions editMedia reactions to the Digital Services Act have been mixed In January 2022 the editorial board of The Washington Post stated that the U S could learn from these rules 36 while whistleblower Frances Haugen stated that it could set a gold standard of regulation worldwide 37 Tech journalist Casey Newton has argued that the DSA will shape US tech policy 38 Mike Masnick of Techdirt praised the DSA for ensuring the right to pay for digital services anonymously but criticised the act for not including provisions that would have required a court order for the removal of illegal content 39 Scholars have begun critically examining the Digital Services Act 40 41 Some academics have expressed concerns that the Digital Services Act might be too rigid and prescribed 42 excessively focused on individual content decisions or vague risk assessments 43 Civil Society organisations such as Electronic Frontier Foundation have called for stronger privacy protections 44 Human Rights Watch has welcomed the transparency and user remedies but called for an end to abusive surveillance and profiling 45 Amnesty International has welcomed many aspects of the proposal in terms of fundamental rights balance but also asked for further restrictions on advertising 46 Advocacy organisation Avaaz has compared the Digital Services Act to the Paris Agreement for climate change 47 Tech companies have repeatedly criticised the heavy burden of the rules and the alleged lack of clarity of the Digital Services Act 48 and have been accused of lobbying to undermine some of the more far reaching demands by law makers notably on bans for targeted advertising 49 and a high profile apology from Sundar Pichai to Thierry Breton on leaked plans by Google to lobby against the Digital Services Act 50 A bipartisan group of US senators have called the DSA and DMA discriminatory claiming that the legislation would focus on regulations on a handful of American companies while failing to regulate similar companies based in Europe China Russia and elsewhere 51 52 The DSA was mostly welcomed by the European media sector 53 Due to the influence gatekeepers have in selecting and controlling the visibility of certain journalistic articles over others through their online platforms the European Federation of Journalists encouraged EU legislators to further increase the transparency of platforms recommendation systems via the DSA 54 Nevertheless the DSA s later stage inter institutional negotiations or Trilogues have been criticized as lacking transparency and equitable participation 55 These criticisms mirror past experiences with the drafting of the EU Regulation on Preventing the Dissemination of Terrorist Content Online as well as the General Data Protection Regulation GDPR 56 Swedish MEP Jessica Stegrud argued that the DSA s focus on preventing the spread of disinformation and harmful content would undermine freedom of speech 57 See also editDigital Markets Act Trade and Technology Council Big Tech Platform economy Online Streaming Act WeChatReferences edit a b Stolton Samuel 18 August 2020 Digital agenda Autumn Winter Policy Briefing www euractiv com Archived from the original on 4 September 2020 Retrieved 2 September 2020 a b Espinoza Javier 28 October 2020 Internal Google document reveals campaign against EU lawmakers Financial Times Archived from the original on 30 October 2021 Retrieved 29 October 2020 The Digital Services Act package Directorate General CONNECT of the European Commission Archived from the original on 17 April 2021 Retrieved 29 December 2020 Espinoza Javier Hindley Scott 16 December 2019 Brussels plans to tackle digital gatekeepers spark fevered debate Financial Times Archived from the original on 30 October 2021 Retrieved 29 December 2020 EU Digital Services Act set to bring in new rules for tech giants BBC News 15 December 2020 Archived from the original on 30 October 2021 Retrieved 24 January 2021 a b Satariano Adam 22 April 2022 E U Takes Aim at Social Media s Harms With Landmark New Law The New York Times ISSN 0362 4331 Archived from the original on 23 October 2022 Retrieved 29 April 2022 Bertuzzi Luca 23 April 2022 EU institutions reach agreement on Digital Services Act www euractiv com Archived from the original on 25 April 2023 Retrieved 25 April 2023 a b Digital Services landmark rules adopted for a safer open online environment 5 July 2022 Archived from the original on 16 October 2022 Retrieved 5 July 2022 The EU Digital Services Act Europe s New Regime for Content Moderation 4 October 2022 Archived from the original on 10 October 2022 Retrieved 10 October 2022 Candidate for President of the European Commission Ursula von der Leyen A Union that strives for more My agenda for Europe 2019 Archived 17 July 2019 at the Wayback Machine PDF Primacy of EU law EUR Lex Archived from the original on 10 April 2022 Retrieved 10 April 2022 a b The EU s attempt to regulate Big Tech What it brings and what is missing European Digital Rights EDRi 18 December 2020 Archived from the original on 16 April 2021 Retrieved 29 December 2020 Wilman Folkert 19 November 2020 The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US Edward Elgar ISBN 978 1 83910 483 1 Johnson Ashley Castro Daniel 22 February 2021 How Other Countries Have Dealt With Intermediary Liability Information Technology and Innovation Foundation Archived from the original on 10 April 2022 Retrieved 10 April 2022 Bertuzzi Luca 19 April 2023 EU launches research centre on algorithmic transparency www euractiv com Archived from the original on 20 April 2023 Retrieved 20 April 2023 The Digital Services Act risk based regulation of online platforms Internet Policy Review 16 November 2021 Archived from the original on 23 March 2022 Retrieved 10 April 2022 a b Perrigo Billy 15 December 2020 How the E U s Sweeping New Regulations Against Big Tech Could Have an Impact Beyond Europe Time Archived from the original on 30 October 2021 Retrieved 29 December 2020 Brodkin Jon 25 April 2023 EU names 19 large tech platforms that must follow Europe s new Internet rules Ars Technica Archived from the original on 25 April 2023 Retrieved 25 April 2023 DSA Very Large Online Platforms and Search Engines European Commission European Commission Archived from the original on 25 April 2023 Retrieved 26 April 2023 Tar Julia 11 July 2023 Amazon joins Zalando in challenging very large online platform designation Euractiv Retrieved 26 August 2023 Rauer Nils 13 July 2023 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Clearer WIRED Archived from the original on 30 April 2022 Retrieved 3 May 2022 Skiera Bernd 2022 The impact of the GDPR on the online advertising market Klaus Miller Yuxi Jin Lennart Kraft Rene Laub Julia Schmitt Frankfurt am Main ISBN 978 3 9824173 0 1 OCLC 1303894344 a href Template Cite book html title Template Cite book cite book a CS1 maint location missing publisher link Stegrud Jessica 25 April 2022 The EU s Digital Services Act is undermining free speech Brussels Report Brussels Report Archived from the original on 11 October 2022 Retrieved 11 October 2022 External links editEuropean Commission The Digital Services Act Regulation EU 2022 2065 of 19 October 2022 on a Single Market For Digital Services on EUR Lex Procedure 2020 0361 COD on ŒIL Retrieved from https en wikipedia org w index php title Digital Services Act amp oldid 1183431923, wikipedia, wiki, book, books, library,

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