Digital

February 17 implementation of the Digital Services Act: what will change

Publié le 28 octobre 2022 - Mise à jour le 13 février 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The Digital Services Act (DSA) is a European regulation aimed at reducing the distribution of illegal content and creating more transparency between online platforms and their users. Effective August 25, 2023, it will apply to all platforms as of February 17, 2024.

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Image 1Crédits: REDPIXEL- stock.adobe.com

The DSA amends the Directive of 8 June 2000 on electronic commerce (Directive 2000/31/EC). It aims to modernize and harmonize national legislation within the internal market in response to the risks and challenges of digital transformation.

Who is involved?

This regulation of 19 October 2022 concerns ‘online intermediary service providers’, i.e. hosts, social networks, search engines, travel and accommodation platforms or merchant websites for example.

The DSA applies to online platforms and search engines with more than 45 million users in the European Union since 25 August 2023. It will apply to the rest of the platforms as well as to online intermediaries offering their services (goods, content or services) on the European market from February 17, 2024.

What obligations for online platforms?

The Regulation introduces new obligations for online platforms which will, inter alia:

  • inform their users of any material changes to their terms and conditions;
  • formulate the terms and conditions of simple, intelligible, easily affordable and unambiguous, the information provided shall include the redress and redress mechanisms available to the user;
  • to establish transparency reports their internal complaint handling systems and content moderation activities;
  • suspendfor a reasonable period and after notice, the provision of their services to users frequently disseminating manifestly unlawful content ;
  • take appropriate and proportionate measures to ensure a high level of protection of the private life, of the safety and the safety of minors.

FYI  

In order to avoid disproportionate constraints, the small companies (less than 50 employees and annual turnover or annual total balance sheet less than € 10 million) and micro-enterprises (less than 10 employees and annual turnover or annual total balance sheet less than € 2 million) are exempted from the application of various measures (transparency reports, internal complaints handling system, etc.).

What objectives?

The main objective of this Regulation is to fill the legal gap in electronic commerce.

The DSA aims to:

  • foster the development of innovative SMEs and digital services in the internal market;
  • combat the dissemination of illegal content and disinformation online;
  • safeguarding fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union (freedom of expression and information, principle of non-discrimination, respect for the high level of consumer protection, etc.);
  • take action against content that may have real or foreseeable negative effects on public security and democratic and electoral processes;
  • prohibit targeted advertising to minors;
  • stemming cyberharassment.

What sanctions?

In the event of a breach of the DSA, the fine to be imposed on the platform may not exceed 6% its annual global turnover in the previous year.

In addition, in the case of serious and repeated infringements by a platform, a temporary restriction on access to the service may be applied.

Please note

Member States may also impose a penalty payment only for very large platforms. This will represent a maximum of 5 % of the average daily revenue or worldwide turnover of the platform in the previous year, per stand-by day, from the date mentioned in the decision referred to.

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