EU Lawmakers OK DSA Negotiating Stance -- Reviews Mixed

The European Parliament wants tougher controls on online profiling and targeting, it said Thursday, approving its negotiating position on the Digital Services Act. The DSA proposal contains measures to tackle illegal content and requirements for very large platforms to prevent abuse of their systems (see 2012150022). Lawmakers changed the original European Commission proposal, including bans on targeting the data of minors to show them advertisements, and on profiling people on the basis of special categories of data that allow vulnerable groups to be targeted. Lawmakers wanted more transparent and informed choice on targeted ads, saying refusing consent to such marketing shouldn't be harder or more time-consuming than giving it. They said online platforms shouldn't be able to use deceiving or nudging techniques to influence user behavior through "dark patterns." The vote paves the way for "trilogue" talks with EU governments, which approved their negotiating stance in November (see 2111260016), and the EC. The parliamentary version got guarded support from some groups. "Parliament has done a mixed job," said the European Consumer Organisation: It failed to create a "clear liability regime" for online marketplaces to ensure consumers are protected and compensated if they're harmed by illegal practices on platforms; and it should have supported a full ban on surveillance ads. The Computer & Communications Industry Association urged negotiators to "consider the impact of proposed new obligations such as restrictions to personalized ads, broad 'know-your-business-consumer' obligations, user redress, and data disclosure to law enforcement and researchers." European Digital Rights said banning surveillance ads altogether "would have been a more effective strategy," but nixing the use of sensitive data and outlawing dark patterns "is certainly the next-best thing." EDRi criticized lawmakers for refusing to give users the right to choose the ranking and recommendation algorithms they prefer. The Information Technology Industry Council welcomed the decision to maintain the EU e-commerce directive's limited liability rules for online intermediaries, saying policymakers should stay focused on the measure's original intent of creating a level playing field for businesses with proportionate rules on removing illegal online content: Issue-specific provisions such as the ban on dark patterns and regulating targeted ads "are missing nuances regarding the technicality and feasibility of these issues." Asked which provisions are likely to be controversial, a spokesperson from the lead Internal Market and Consumer Protection Committee said that's for the rapporteur to announce in coming days, since determining the sticking points is strategic for the negotiation.