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Digital Services Act
The Digital Services Act (DSA) is an EU regulation that entered into force in 2022, establishing a comprehensive framework for digital services accountability, content moderation, and platform transparency across the European Union. It significantly updates the Electronic Commerce Directive 2000 in EU law by introducing graduated obligations based on service size and risk levels, and was proposed alongside the Digital Markets Act (DMA).
The DSA applies to all digital intermediary services, including hosting services, online platforms (such as social networks, online marketplaces, pornographic platforms, app stores), and search engines. It establishes a tiered regulatory approach: basic obligations for all services, enhanced duties for online platforms, and the most stringent requirements for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) with over 45 million monthly active users in the EU.
Ursula von der Leyen proposed a "new Digital Services Act" in her 2019 bid for the European Commission's presidency.
The expressed purpose of the DSA was to update the European Union's legal framework for illegal content on intermediaries, in particular by modernising the e-Commerce Directive that had been adopted in 2000. In doing so, the DSA aimed to harmonise different national laws in the European Union that have emerged to address illegal content at national level. Most prominent amongst these laws was 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 were planned to be overridden and would have to be amended.
In practice, this would lead to new legislation regarding illegal content, transparent advertising and disinformation.[needs update]
The DSA is meant to "govern the content moderation practices of social media platforms" and address illegal content. 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. This so-called "conditional liability exemption" is fundamentally different from the broad immunities given to intermediaries under the equivalent rule ("Section 230 CDA") in the United States.
The DSA applies to intermediary service providers that offer their services to users based in the European Union, irrespective of whether the intermediary service provider is established in the European Union.
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Digital Services Act
The Digital Services Act (DSA) is an EU regulation that entered into force in 2022, establishing a comprehensive framework for digital services accountability, content moderation, and platform transparency across the European Union. It significantly updates the Electronic Commerce Directive 2000 in EU law by introducing graduated obligations based on service size and risk levels, and was proposed alongside the Digital Markets Act (DMA).
The DSA applies to all digital intermediary services, including hosting services, online platforms (such as social networks, online marketplaces, pornographic platforms, app stores), and search engines. It establishes a tiered regulatory approach: basic obligations for all services, enhanced duties for online platforms, and the most stringent requirements for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) with over 45 million monthly active users in the EU.
Ursula von der Leyen proposed a "new Digital Services Act" in her 2019 bid for the European Commission's presidency.
The expressed purpose of the DSA was to update the European Union's legal framework for illegal content on intermediaries, in particular by modernising the e-Commerce Directive that had been adopted in 2000. In doing so, the DSA aimed to harmonise different national laws in the European Union that have emerged to address illegal content at national level. Most prominent amongst these laws was 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 were planned to be overridden and would have to be amended.
In practice, this would lead to new legislation regarding illegal content, transparent advertising and disinformation.[needs update]
The DSA is meant to "govern the content moderation practices of social media platforms" and address illegal content. 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. This so-called "conditional liability exemption" is fundamentally different from the broad immunities given to intermediaries under the equivalent rule ("Section 230 CDA") in the United States.
The DSA applies to intermediary service providers that offer their services to users based in the European Union, irrespective of whether the intermediary service provider is established in the European Union.