Europe now officially has two new sets of rules, the Digital Services Act (“DSA”) and its sister product the Digital Markets Act (“DMA”).
The European Commission issued a press release both on 31st October 2022 which covers the entry into force of Regulation (EU) 2022/1925 of 14th September 2022 (“DMA”), and on 16th November 2022 which covers the entry into force of Regulation (EU) 2022/2065 of 19th October 2022 (“DSA”).
This means that “DMA” and “DSA” are now officially enter in force. The Digital Markets Act is especially focused on walled gardens like Google or Meta, whereas the Digital Services Act can affect a large part of our customers.
Both acts are intended to make intermediary services, hosting service providers and online platforms more transparent. Those kind of providers can now be held responsible for the risks they pose to society.
The objective is to regulate the internet consistently in a uniformed manner. Creating a safe, predictable and trustworthy online environment.
Both acts oblige market participants to ensure no illegal content is spread via the participants. In the event of a violation, fines amounting to billions are threatened. The time of self-regulation with its own guidelines is thus officially over.
- Consistent deletion of illegal content as soon as the provider becomes aware of it: this includes calls for violence, hate speech or content with detrimental effects on public safety, electoral processes or the protection of minors.
- Clear labelling of advertising content as advertising and naming of the natural or legal person in whose name the advertising is placed on the internet. Profiling must be identified and advertising based on profiling must not be played off against minors. The same applies to sensitive data such as sexual orientation, health and political opinions.
Even if data protection is not a priority in these regulations, the level of protection for users is considerably improved by their entry into force.
According to the European Commission, the DSA will be directly applicable and will apply fifteen months after its entry into force or from 1st January 2024, whichever is later.
If you have any questions about the DSA, please feel free to contact us.