Digital Services Act (DSA) and Digital Marketers Act (DMA) The European Parliament Adopts Groundbreaking Rules for a Safer, More Open Online Environment
After extensive debate and negotiation, the EU Parliament and Council came into agreement on the new Digital Services Act (DSA) and Digital Markets Act (DMA) on July 5, 2022. The Digital Services Package establishes a robust rulebook for the online platforms that we use daily.
These new rules will be implemented across the EU, creating a digital space that is safer and more open, built on respect for fundamental rights. The DSA and DMA will help to address the societal and economic impact of the tech industry by creating more transparent and accountable rules for how it operates.
In the Digital Services Act, digital services providers are subject to clear obligations regarding the spread of online disinformation, illegal content, and other societal risks. These requirements are sized and proportioned according to the risks that such platforms present to society.
What Does the New Commitment Include?
The European Commission has put new measures to better protect online users from illegal content and hold platforms more accountable for ensuring that such content is removed quickly and effectively. These measures include increased traceability and controls for online marketplaces and merchants, as well as heightened obligations for platforms to respond to illegal content in a way that respects users' fundamental rights, such as freedom of expression and data protection. The Commission will also step up its efforts to check whether illegal content is reappearing online and take appropriate action if necessary.
B. Platforms will be required to be more transparent and accountable in their moderation of content, through the use of clear instructions or algorithms to recommend content (so-called recommender systems). Besides, users will be able to challenge content moderation decisions.
The rule book is proposing a ban on deceptive marketing practices and targeted advertising that exploits vulnerable groups, such as children. The proposed ban would also extend to ads that use manipulative design, or what are commonly known as "dark patterns."
The Commission enforces stricter requirements on large search engines and online platforms that have the highest risk. These requirements include preventing systemic risks like dissemination of illegal content, interference with fundamental rights, and submitting independent audits.
In order to ensure user privacy, these platforms must provide the option not to receive recommendations based on profiles. Furthermore, they must provide verified researchers and authorities with the right to use their data and algorithms.
The European Parliament has adopted the Digital Services Package in the first reading. Both texts now need to be formally adopted by the Council of the European Union. Once the Council appends its signature on both acts and publishes them in their Official Journal, they’ll come into force 20 days later.