EU Officials Give Final Nod to Digital Services Act

Tighter rules for online platforms got final approval Tuesday from EU government ministers. The Digital Services Act (DSA) governs providers of intermediary services such as social media, online marketplaces, "very large online platforms and very large search engines," the EU Council noted. Very large platforms are those that reach 45 million or more users in the EU. Bigger services with more societal impact will be subject to tougher rules than smaller enterprises. The act places special obligations on online marketplaces to combat the sale of illegal products and services; introduces measures mandating that platforms react quickly to illegal content; and bars platforms from using targeted advertising based on the use of minors' personal data. Very large platforms and search engines will have to offer users a system for recommending content that's not based on profiling, and analyze the systemic risks they create for dissemination of illegal content or adverse effects on fundamental rights. The DSA also includes a crisis response mechanism to fight manipulation of online information in the context of Russia's invasion of Ukraine, making it possible to gauge the impact of the activities of very large search engines and platforms on the crisis. The European Parliament approved the DSA in July (see 2207050003). "If the EU is serious about protecting consumers and leading the world when it comes to regulating the online environment, it is crucial that the Digital Services Act is effectively applied and enforced," said European Consumer Organisation Deputy Director General Ursula Pachl.