EU’s Digital Services Act is coming into effect

19 online platforms are affected

Image credit: Image Creator from Microsoft Designer/DALL.E and Canva

The Digital Services Act (DSA) is coming into effect in the European Union on February 17, aiming to enhance safety, fairness, and transparency in the online environment.

Here are a few key points:

• User protection: EU users are granted increased protection against illegal content and goods on online platforms. Their rights are upheld in interactions involving information sharing, purchases, and connections with other users.

• Platform responsibilities: All online platforms operating in the EU, except small and micro enterprises (fewer than 50 employees and an annual turnover below €10 million) must implement measures to counter illegal content, protect minors from targeted ads, empower users with information about advertisements, provide explanations for content moderation decisions, offer complaint mechanisms, and publish annual reports on content moderation procedures.

• Scope: The DSA also applies to hosting services and online intermediaries, subjecting them to a subset of obligations.

• Supervision and enforcement: Digital Services Coordinators (DSCs) in Member States will supervise platforms not designated as Very Large Online Platforms (VLOPs) or Search Engines (VLOSEs). They will handle user complaints, certify appeal mechanisms, designate trusted flaggers, facilitate researchers' access to data, and possess investigation and enforcement powers.

• European Board for Digital Services: The Board, consisting of DSCs and the Commission, will ensure consistent application of the DSA and advise on enforcement and emerging issues. It will supervise VLOPs and VLOSEs and issue yearly reports on systemic risks and best practices.

• Next Steps: The Commission plans to adopt guidelines on risk mitigation measures for electoral processes, conduct a public consultation on the data access delegated act, and adopt an Implementing Act on transparency report templates in the coming months.

Up to this point, 19 platforms are affected, encompassing eight social media platforms: Facebook, TikTok, Twitter, YouTube, Instagram, LinkedIn, Pinterest, and Snapchat. Five online marketplaces: Amazon, Booking.com, China's Alibaba AliExpress, and Germany's Zalando. Mobile app stores: Google Play and Apple's App Store. Search engines: Google Search and Microsoft Bing. Google Maps and Wikipedia complete the list.

Pretty comprehensive isn’t it? I’m not sure if this governance is realistic. This will be a real test for the EU’s enforcement capabilities.