(Last Updated On: September 7, 2023)

The EU Digital Services Act (DSA) Becomes Enforceable

By SCARS Editorial Team – Society of Citizens Against Relationship Scams Inc., portions: Reuters, Washington Post, Council of Europe

The EU Has Done With The DSA What The United States Could Not Or Would Not Do! Bring Order And Control To Digital Platforms

A New Era of European Digital Regulation

The Digital Services Act (DSA) and the Digital Markets Act (DMA) are two new pieces of legislation that will regulate digital services in the European Union. The DSA will focus on creating a safer digital space for users, while the DMA will focus on ensuring fair competition in the digital market.

Table of Contents

The DSA will apply to all online services that have at least 45 million users in the EU. This includes social media platforms, search engines, e-commerce websites, and online marketplaces. The DSA will require these platforms to take steps to remove illegal content, such as cybercriminals, hate speech, and child sexual abuse content, and to be more transparent about how they collect and use user data.

The DMA will apply to a smaller number of companies, known as “gatekeepers.” Gatekeepers are large online platforms that have a significant impact on the market. These companies will be required to allow businesses to access their platforms on fair and reasonable terms, and to stop self-preferencing their own products and services.

The DSA and DMA are designed to address the challenges of the digital age and to ensure that the benefits of digital technology are accessible to everyone. They are a significant step forward in the regulation of digital services and are expected to have a major impact on the way that these services operate.

Here is a more detailed explanation of the two acts:

  • Digital Services Act (DSA): The DSA will create a safer digital space for users by requiring platforms to remove illegal content more quickly, be more transparent about how they collect and use user data, and give users more control over their data.
  • Digital Markets Act (DMA): The DMA will ensure fair competition in the digital market by requiring gatekeeper platforms to allow businesses to access their platforms on fair and reasonable terms, and to stop self-preferencing their own products and services.

The DSA and DMA are important pieces of legislation that will have a major impact on the way that digital services operate in the European Union. They are a step towards creating a safer and fairer digital environment for everyone. We can only hope that they force similar legislation in the rest of the world, including the United States especially!

What is the DSA – EU Digital Services Act?

The EU Digital Services Act (DSA) is a regulation that was adopted by the European Parliament and the Council of the European Union on April 23, 2022. It is designed to regulate online platforms, such as social media, search engines, and e-commerce websites. The DSA aims to make these platforms more accountable for the content that is hosted on them and to protect users from harmful content and illegal activities.

The DSA is important because it is the first piece of legislation in the world that specifically regulates online platforms. It is also the most comprehensive piece of legislation of its kind, covering a wide range of issues, such as content moderation, transparency, and accountability.

The DSA will help to control digital platforms by requiring them to:

  • Remove illegal content more quickly.
  • Be more transparent about how they operate.
  • Give users more control over their data.
  • Take responsibility for the content that is hosted on their platforms.

The DSA is a significant step forward in the regulation of online platforms. It is expected to have a major impact on the way that these platforms operate, and it is likely to lead to a safer and more responsible online environment.

Here are some specific examples of how the DSA will help to control digital platforms:

  • The DSA will require platforms to remove illegal content, such as hate speech and child sexual abuse content, more quickly.
  • The DSA will require platforms to be more transparent about how they operate, such as how they collect and use user data.
  • The DSA will give users more control over their data, such as the right to request that their data be deleted.
  • The DSA will require platforms to take responsibility for the content that is hosted on their platforms, such as by taking steps to prevent the spread of harmful content.

Specific Platforms Named

Very Large Online Platforms:

  • Alibaba AliExpress
  • Amazon Store
  • Apple AppStore
  • Booking.com
  • Facebook
  • Google Play
  • Google Maps
  • Google Shopping
  • Instagram
  • LinkedIn
  • Pinterest
  • Snapchat
  • TikTok
  • Twitter
  • Wikipedia
  • YouTube
  • Zalando

Very Large Online Search Engines:

  • Bing
  • Google Search

What Does The DSA Do?

Specific examples of what the DSA can do:

  • Requiring platforms to remove illegal content more quickly: The DSA will require platforms to remove illegal content, such as hate speech and child sexual abuse content, within 24 hours of being notified of its existence. This is a significant improvement over the current system, under which platforms have up to 72 hours to remove illegal content.
  • Requiring platforms to be more transparent about how they operate: The DSA will require platforms to be more transparent about how they collect and use user data. This includes information such as how data is collected, how it is used, and how it is shared with third parties. This will help users to make informed decisions about how they use online platforms.
  • Giving users more control over their data: The DSA will give users more control over their data. This includes the right to request that their data be deleted, the right to object to the processing of their data, and the right to port their data to another platform. This will give users more control over their personal information and make it easier for them to move their data between platforms.
  • Requiring platforms to take responsibility for the content that is hosted on their platforms: The DSA will require platforms to take responsibility for the content that is hosted on their platforms. This includes taking steps to prevent the spread of harmful content, such as hate speech and misinformation. Platforms will also be required to take steps to protect users from being harmed by the content that is hosted on their platforms.

The DSA is a complex piece of legislation, and it is still unclear how it will be implemented in practice. However, it is clear that the DSA has the potential to make a major impact on the way that online platforms operate.

Here are some additional details about how the DSA will work:

  • The DSA will be enforced by national authorities in the European Union.
  • Platforms that violate the DSA could face fines of up to 6% of their global turnover.
  • The DSA will apply to all online platforms that have at least 45 million users in the European Union.
  • The DSA will come into force in 2024.

The DSA is a significant step forward in the regulation of online platforms. It is expected to have a major impact on the way that these platforms operate, and it is likely to lead to a safer and more responsible online environment.

How the World Sees the DSA

According to Reuters:

More than a dozen of the world’s biggest tech companies face unprecedented legal scrutiny, as the European Union’s sweeping Digital Services Act (DSA) imposes new rules on content moderation, user privacy and transparency.

From Friday, a host of internet giants – including Meta’s (META.O) Facebook and Instagram platforms, Apple’s online App Store, and a handful of Google (GOOGL.O) services – will face new obligations in the EU, including preventing harmful content from spreading, banning or limiting certain user-targeting practices, and sharing some internal data with regulators and associated researchers.

The EU is seen as the global leader in tech regulation, with more wide-ranging pieces of legislation – such as the Digital Markets Act and the AI Act – on the way. The bloc’s success in implementing such laws will influence the introduction of similar rules around the world.

But researchers have raised questions over whether these companies have done enough to meet lawmakers’ expectations.

For now, the rules only apply to 19 of the largest online platforms, those with more than 45 million users in the EU. From mid-February, however, they will apply to a variety of online platforms, regardless of size.

Any firm found in breach of the DSA faces a fine worth up to 6% of its global turnover, and repeat offenders may be banned from operating in Europe altogether.

Reuters asked each company designated under the DSA to discuss changes they had made. Most pointed to public blog posts on the matter, declining to comment further, or did not respond at all.

“We can expect that platforms will fight tooth and nail to defend their practices,” said Kingsley Hayes, head of data and privacy litigation at law firm Keller Postman. “Especially when new compliance rules encroach on their core business models.”

At least five platforms have participated in such tests — Facebook, Instagram, Twitter, TikTok and Snapchat. In each case, the Commission said more work was needed to prepare for the DSA.

Now, just as the rules come into effect, research published on Thursday by nonprofit Eko shows Facebook was still approving online ads containing harmful content.

According to the Washington Post

The Digital Services Act has now taken effect, imposing new requirements on some of the tech industry’s biggest names

New rules meant to safeguard people from illegal content, targeted ads, unwanted algorithmic feeds and disinformation online are finally in force, thanks to new regulation in the European Union that took effect this month.

That’s great for consumers in France, Germany, Latvia, Luxembourg and the rest of Europe. But what about us here in the United States? What do these new rules mean for the way we will interact online?

Here’s what you should know.

Approved by the European Parliament in 2022, the Digital Services Act (DSA) is a regulation meant to keep consumers safe online as they interact with the platforms and marketplaces that make up the modern web.

How? By forcing the companies behind those platforms and marketplaces to be more transparent about how content or products are algorithmically recommended, and ensuring they “mitigate” the spread of disinformation, offer ways for users to flag “illegal” content and more.

But to some researchers, there’s one thing regular users should especially be aware of.

“The big picture I think internet users should care about is that it’s a law about how platforms moderate online speech, and it puts a whole lot of new procedural protections in place for users when platforms remove or demote their posts,” said Daphne Keller, director of the platform regulation program at Stanford University’s Cyber Policy Center.

Also part of the DSA rules: Companies affected have to commission an independent audit to check for compliance once a year. Should any of them fail to live up to the DSA’s many requirements, they could be made to shell out fines equivalent to 6 percent of their global revenue.

SCARS Commentary

We view this new regulation as a godsend for online users in Europe, and its impact will have positive effects worldwide.

In order to comply in Europe, these companies are likely going to have to comply worldwide just to be able to maintain compliance. This, we hope will result in improvements for all online users. However, specific changes are desperately needed in the regulations outside the EU so that these benefits are codified in the U.S. and the U.K. as well.

The benefit for us in the U.S. is that we now have an accepted model that we can ask the U.S. Congress to pass. Thus activism going forward should focus on getting a DSA & DMA passed in the U.S. and U.K. too!

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