Second article in the mini-series on the Digital Services Act: a deeper dive into the DSA issues
The Digital Services Act (Regulation 2022/2065 on the Single Market for Digital Services and amending Directive 2000/31/EC) ("DSA") is a legislative framework of the European Union that entered into force on 16 November 2022 and came into force on 17 February 2024.
The regulation aims to regulate the way digital services are provided and, in particular, to protect users and their fundamental rights in the online environment. In particular, the basic principles underpinning the DSA are:
- limiting the spread of misinformation,
- transparency,
- responsibility and safety on the internet,
- the protection of underage users, and
- preventing the dissemination of illegal content.[1]
In relation to online platforms, the DSA aims to create a fair environment for online platforms.
The Regulation's obligations primarily affect providers of high-reach digital services such as social networks, search engines and online marketplaces. The aim is to ensure that these platforms comply with the standards of transparency, accountability and security set by the Regulation, which is intended to help protect users of the online space within the European Union. However, it is already clear that this revolutionary European regulation will not only affect the online space in the EU, but also users outside the EU.
The DSA distinguishes four basic groups of obligated entities[2] :
- mediation services
- generally, providers connecting consumers to goods, services and content[3]
- hosting services
- g. cloud and web hosting services (including online platforms)
- online platforms/marketplace
- g. social networks, travel and accommodation platforms, sharing economy platforms, app stores or online marketplaces[4]
- very large online platforms and search engines
- online platforms with an average monthly active user base of more than 45 million (10% of the EU population)
The rules for the different groups of obliged entities are formulated asymmetrically, meaning that services with a more significant social and economic impact have to meet stricter conditions than those with less impact.
The DSA provides for each Member State to designate a supervisory authority to oversee compliance with the rules set out in the DSA. This supervisory authority in the Czech Republic has been designated by government as the Czech Telecommunications Office.[5] However, this does not apply to all groups of obliged entities.
In the following posts we will introduce you in more detail the individual groups of obliged entities and the obligations imposed on them by the regulation.
If you are not sure whether this new European regulation applies to you or if you are sure but are not sure how to implement the new DSA obligations into your internal mechanisms, please do not hesitate to contact us.
[1] EUROPEAN COMMISSION. Digital Services Act. A safe online environment that is accountable to users. [online]. [cited 2024-02-20]. Available from: https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/europe-fit-digital-age/digital-services-act_cs
[2] Chapter III of the Regulation of the European Parliament and of the Council on the single market for digital services (Digital Services Act) and amending Directive 2000/31/EC.
[3] Department of Digital Economy and Smart Specialisation, ed. MINISTRY OF INDUSTRY AND TRADE. Digital services act: intermediary services [online] [cited 2024-02-15]. Available from: https://www.mpo.cz/cz/podnikani/digitalni-ekonomika/narizeni-o-digitalnich-sluzbach-zprostredkovatelske-sluzby--275082/
[4] ibid
[5] Department of Communication 01400, ed. MINISTRY OF INDUSTRY AND TRADE. The Czech Telecommunications Authority will oversee the digital economy [online]. [cit. 2024-02-20]. Available from: https://www.mpo.cz/cz/podnikani/digitalni-ekonomika/narizeni-o-digitalnich-sluzbach-zprostredkovatelske-sluzby--275082/