Within the framework of its endeavor to ensure a fair and innovative "Digital EU", the European Commission (EC) has published its proposed Digital Services Act (DSA). The DSA envisages a new system of EU-wide obligations for digital service providers. The proposed list of obligations is designed to ensure a high level of consumer protection and transparency. Not all obligations will apply to all market players: the number and complexity of the obligations a specific provider must meet will depend on the impact and position it has within the EU's online ecosystem. There are four distinct categories with a cumulatively growing number of obligations. The least burdened will be "providers of intermediary services". These entities must ensure transparency and full cooperation with the EC. "Providers of hosting services" must also establish mechanisms to notice and manage illegal content. "Online platforms" must (in addition) establish safety measures to prevent misuse. Finally, "very large online platforms" must comply with all the above and – among others – conduct risk assessments and allow external audits. Specific powers to enforce these (and other) obligations will be allocated to national Digital Services Coordinators and the EC. More details: European Commission.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
