News item | 17-02-2023 | 08:30
Better protection of fundamental rights, tackling online deception and poor information, a level playing field for companies and facilitating digital trade. Those are the goals of the new Digital Services Act (DSA). For example, online marketplaces must collect and publish more information about the companies (traders) on their platform. Digital services must also, for example, explain the rules for deleting information or user accounts in more detail to users.
The DSA will apply to online marketplaces, social networks, platforms for sharing content such as videos and online travel and accommodation platforms that are commonly used in the Netherlands and Europe. In 1 year, on 17 February 2024, they must fully comply with the EU-wide DSA. It involves popular platforms like Facebook, InstagramTikTok and YouTube, but also online marketplaces, platforms for pornography, and platforms for travel with many users across the EU. This also includes companies based in the Netherlands such as Bol.com, Booking.com and Marktplaats.nl.
Wider obligations for the largest digital services
Starting today, platforms and services must already publish information about the number of active users on their website. This will enable the European Commission to designate the very largest digital services, with an average of 45 million users per month. These are subject to broader obligations, expected from mid-2023, such as annual assessments of the risks of harmful online practices on their services. For example, when it comes to illegal goods or content and the spreading of disinformation. The EU and its Member States will soon lead the way worldwide with this new standard for platform regulation.
Minister Micky Adriaansens (Economic Affairs and Climate): “These EU regulations give business and private users of digital services a stronger legal position. Modernizing the EU digital market is important to promote fair competition and protect consumers. We continue to drive innovation, become less dependent on large platforms, create more market access, counter the proliferation of illegal content and defrauding consumers and entrepreneurs.”
Responsibility and accountability digital services
The Netherlands has pleaded for various parts to be included in the DSA. For example, online marketplaces will soon have to collect more information about the companies (traders) that sell products or services via their platform. This should help to discourage and identify rogue traders, remove unfair competition and make it easier for consumers to get justice.
The DSA will also soon oblige providers of digital services to take into account the fundamental rights of users when moderating content and to inform them more extensively about this. Digital providers must therefore better explain the removal of information or user accounts. They must also have easily accessible and user-friendly complaints procedures for consumers.
Tackling unwanted personalized advertisements and disinformation
The DSA prohibits online platforms from personalizing advertisements on the basis of, for example, religious beliefs or sexual orientation. Minors will soon also have extra protection against personalized advertisements. This should help ensure that they do not see inappropriate advertising.
In addition, the DSA also offers the opportunity to better protect citizens against disinformation, fake news and violations of fundamental and human rights. The very largest online platforms and search engines must take measures to reduce the risks of their services for society and democracy, among other things. In addition, the DSA promotes transparency. By better regulating reporting obligations and access to data for researchers, we gain more insight into how large platforms work.
Large companies pay their own levy for supervision
The European Commission will soon monitor compliance with the DSA by major online platforms and search engines. The companies themselves pay for this supervision through a levy. Member States are responsible for overseeing the other digital services.