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Digital Services Act: rules and challenges 

The Digital Services Act (DSA) represents a significant shift in the regulation of the European digital market. By introducing new regulations and a stricter approach to content moderation, the DSA aims to create a safer, fairer, and more transparent online space. The success of its implementation will depend on the ability of platforms to comply with the established obligations and on the cooperation between member states and supervisory authorities.

European digital service act

Table of contents

  • What is the Digital Services Act? 
  • What the Digital Services Act provides 
  • Goals of the Digital Services Act 
  • Differences between DMA and DSA 
  • Governance of the Digital Services Act
  • Impact on platforms and protection of minors 

The Digital Services Act (DSA) is a milestone in the regulation of the European digital market. Approved on July 5, 2022, by the European Parliament, it came into force in 2023 and, together with the Digital Markets Act (DMA), forms the Digital Services Package.

This regulatory framework aims to create a safer and more transparent online environment where consumer rights are adequately protected. 

What is the Digital Services Act? 

The Digital Services Act establishes uniform rules for all digital intermediaries, from social networks to online marketplaces, including hosting services and collaborative platforms.

Its primary objective is to ensure that what is illegal offline is also illegal online, imposing new obligations on digital platforms to combat the spread of illegal content and improve content moderation

What the Digital Services Act provides 

The Digital Services Act (DSA) introduces a set of rules designed to make the European digital market safer, more transparent, and more responsible. The regulation applies to a wide range of industry players, from social media to e-commerce platforms, with obligations proportionate to the size and type of service provided. 

New rules for content moderation 

One of the central objectives of the DSA is to combat the spread of illegal content and improve online content moderation. Digital platforms must: 

  • Implement clear procedures for removing illegal content, ensuring transparency and allowing users to contest decisions;
  • Adopt systems to monitor and reduce the presence of content that violates European laws or endangers fundamental rights;
  • Prevent abusive practices such as false reporting and repeated uploads of previously removed content. 

This approach aims to hold platforms accountable, especially large ones, which significantly impact public opinion and user safety. 

Transparency in online advertising 

Another innovative aspect of the DSA is the regulation of online advertising. Key points include: 

  • Platforms must disclose who finances advertising campaigns and how user data is used to personalize ads;
  • The use of sensitive data, such as ethnic origin, religion, or sexual orientation, for targeted advertising is prohibited;
  • Restrictions are imposed on advertisements directed at minors, focusing on protecting their privacy and rights. 

These measures aim to create a more ethical and respectful advertising ecosystem, limiting psychological manipulations and invasive techniques. 

Responsibilities of Very Large Online Platforms (VLOPs) 

Platforms with over 45 million monthly users, defined as Very Large Online Platforms (VLOPs), are subject to stricter obligations, including: 

  • Periodic assessments of systemic risks associated with their services, such as misinformation, personal data abuse, or negative impacts on mental health. 
  • Obligation to share data and algorithms with national authorities and independent researchers to improve understanding of risks and digital market dynamics. 
  • Collaboration with authorities and governments in emergencies, such as targeted misinformation campaigns or international crises. 

These provisions are part of a framework of greater responsibility for major digital operators, which play a crucial role in managing and disseminating online information. 

Combating dark patterns 

The DSA explicitly bans dark patterns, practices designed to deceive or manipulate users, such as: 

  • Unclear or misleading consent buttons;
  • Difficulty in canceling a subscription compared to activating it;
  • Systems that lead users to make choices against their interests, such as accepting invasive privacy settings. 

Platforms must provide clear, simple, and comprehensible interfaces that respect users’ informed choices. 

Complaint and dispute resolution mechanisms 

The DSA provides for the creation of accessible and independent complaint tools for users, aiming to: 

  • Offer recourse against unjustified content removal or account suspension;
  • Promote out-of-court dispute resolution between users and platforms. 

These mechanisms are essential to ensure fair treatment and prevent arbitrary platform decisions from violating user rights. 

Penalties and responsibilities 

Violations of the Digital Services Act can result in severe penalties, up to 6% of the non-compliant platform’s annual revenue. Additionally, platforms must compensate users for damages caused by negligence or violations. 

These measures emphasize the importance of a responsible and proactive approach to managing online activities, encouraging companies to comply with the regulations. 

Goals of the Digital Services Act 

The DSA goes beyond strengthening existing regulations, introducing a culture of systemic risk prevention. Its main goals include: 

  • Protecting consumer rights, ensuring online safety;
  • Combating misinformation and manipulation of information;
  • Promoting innovation and competitiveness in the digital market;
  • Increasing accountability for social media and other online platforms;
  • Enhancing supervision by national authorities

An emblematic example is the fight against dark patterns, deceptive techniques that manipulate user choices. 

New European regulation

Differences between DMA and DSA 

Although part of the same Digital Services Package, the Digital Services Act (DSA) and the Digital Markets Act (DMA) have different purposes. 

  • The DMA focuses on monopolistic practices, regulating so-called digital market gatekeepers to ensure fair competition. 
  • The DSA, on the other hand, focuses on content moderation and user safety, addressing issues such as the spread of illegal content and online advertising transparency. 

This complementarity aims to build a more balanced and fair digital ecosystem. 

Governance of the Digital Services Act

The DSA introduces an innovative governance system, with two key roles: 

  • The Compliance Officer
    Appointed by VLOPs, ensures adherence to internal rules.
  • The Digital Services Coordinator
    An independent national authority responsible for overseeing compliance with regulations and managing complaints. 

These roles work in synergy with the European Digital Services Committee, which coordinates oversight activities among EU Member States. 

Impact on platforms and protection of minors 

A crucial aspect of the DSA concerns the protection of minors. The regulation prohibits the use of targeting techniques based on minors’ personal data for advertising purposes, reaffirming the primacy of young people’s rights over commercial interests. 

Additionally, platforms must take measures to identify and reduce systemic risks, such as the negative impact on mental health and risks related to gender-based violence or discrimination. 

To conclude..

The Digital Services Act marks a paradigm shift in the management of the European digital market. Through new regulations and a stricter approach to content moderation, the DSA aims to ensure a safe, fair, and transparent online space.

However, success will depend on platforms’ ability to meet the obligations and collaboration between Member States and supervisory authorities. 


Questions and answers 

  1. What is the Digital Services Act (DSA)? 
    It is the new European regulation establishing rules for a safer and more transparent digital market. 
  1. What is the main goal of the DSA? 
    To ensure that what is illegal offline is also illegal online, improving platform safety and accountability. 
  1. When was the Digital Services Act approved? 
    The DSA was approved on July 5, 2022, and applied from 2023. 
  1. What is the difference between DMA and DSA? 
    The DMA regulates competition among major digital operators, while the DSA focuses on content moderation and online safety. 
  1. What does the DSA provide for online advertising? 
    It introduces transparency obligations, bans targeted advertising to minors, and prohibits advertising based on sensitive data. 
  1. What are the penalties for violating the DSA? 
    Penalties can reach up to 6% of the non-compliant platform’s annual revenue. 
  1. Who are Very Large Online Platforms (VLOPs)? 
    Platforms with over 45 million monthly users subject to stricter requirements. 
  1. Which authorities oversee DSA implementation? 
    National Digital Services Coordinators and the European Digital Services Committee. 
  1. Does the DSA protect minors online? 
    Yes, it bans targeted advertising based on minors’ data and introduces obligations to reduce systemic risks. 
  1. What are dark patterns? 
    Deceptive practices manipulating user choices, prohibited by the DSA. 
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