The European Union (EU) introduced the Digital Services Act (DSA) to establish a secure, accountable online environment. The DSA, alongside the Digital Markets Act (DMA), safeguards users’ fundamental rights and fosters a competitive landscape within the European Single Market and globally. This aims to promote innovation and growth.
Core Objectives of the Digital Services Act
The DSA modernizes the EU’s legal framework for digital services. It primarily protects users from harmful online content, holds platforms accountable for content moderation, establishes uniform rules for digital service providers, and promotes transparency in online advertising and algorithmic decision-making.
Key Pillars and Scope of the DSA
The DSA applies to many online services, from basic websites and internet infrastructure to complex online platforms. This scope includes social networks, online marketplaces, content-sharing platforms, app stores, and online travel and accommodation services. The DSA tiers obligations based on the online service’s nature and size.
Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs)
Platforms and search engines with over 45 million monthly active users in the EU, classified as Very Large Online Platforms (VLOPs) or Very Large Online Search Engines (VLOSEs), face the DSA’s most stringent obligations. For instance, WhatsApp, with approximately 46.8 million monthly EU users by late 2024, undergoes enhanced scrutiny. These obligations mandate regular risk assessments to identify systemic risks like illegal content, electoral manipulation, and disinformation. VLOPs and VLOSEs must implement robust mitigation measures, increase transparency in content moderation and algorithms, and undergo independent audits to ensure compliance. They also provide users with clearer redress options and more control over their online experience.
Combating Illegal Content
The DSA significantly focuses on combating illegal online content, including hate speech, terrorist propaganda, and the sale of unsafe or counterfeit products. The Act mandates that online platforms establish clear ‘notice-and-action’ mechanisms, allowing users to flag illegal content easily. Platforms must then swiftly remove such content, while respecting fundamental rights and providing avenues for users to challenge content removal decisions.
Transparency and Accountability
The DSA introduces new transparency requirements for online platforms. It mandates that platforms clearly explain why they present certain information to users, especially regarding online advertising and recommender systems. Platforms must disclose their algorithms’ parameters and offer users options to modify them. The DSA enhances accountability by requiring platforms to publish regular transparency reports on their content moderation and risk management efforts.
User Empowerment
The DSA empowers users, giving them more control over their online experience. It provides mechanisms for users to challenge content moderation decisions, opt out of personalized advertisements, and easily identify service providers on online marketplaces. These measures aim to restore trust in the digital environment and protect users from manipulative practices.
Impact on Cybersecurity and the Digital Landscape
The DSA significantly impacts cybersecurity and the digital landscape. It mandates stricter controls on platforms often exploited for cybercrime and digital espionage, such as cases involving Maverick Banking Malware spreading via WhatsApp. By requiring platforms to identify and mitigate systemic risks, the DSA contributes to a safer online ecosystem. Enhanced content moderation, transparency around illicit activities, and greater accountability disrupt channels for phishing, malware distribution, and cyberattack coordination, including incidents like remote monitoring tools weaponized in cargo freight hijacks. The DSA’s focus on combating disinformation also reduces the spread of information that could facilitate cyber operations or social engineering tactics.
Enforcement and Compliance
DSA enforcement involves a multi-layered approach. National Digital Services Coordinators oversee compliance at the member state level, while the European Commission directly supervises VLOPs and VLOSEs. Non-compliance can result in significant penalties, including fines up to 6% of a platform’s annual global turnover. This stringent enforcement ensures digital service providers uphold their responsibilities and create a safer, more accountable online space for users.