“The internet will become safer, fairer and more transparent.” That is the promise of the new European legislation Digital Services Act (DSA) that comes into force from Saturday. But Belgium is not yet fully ready to help consumers if, for example, their account on a website has been wrongly deleted. How did that happen? And what are the consequences?
From February 17, users in Europe should be able to report illegal goods on online shops more easily. Minors are also better protected, because online advertisers are no longer allowed to use their data. Furthermore, from then on, websites must give you a reason why your post was deleted or your account was blocked. The governments of the EU member states must ensure compliance with the new rules. They can, among other things, impose heavy fines.
Struggle for powers
An example. You have had an account on a popular website for years, but it has suddenly been deleted without explanation. According to the DSA, you should receive text and explanation as to why the moderators did that. In fact, you will be able to appeal against that decision. If things don’t go your way, you should be able to complain to your country’s Digital Services Coordinator, the internet watchdog, so to speak.
That’s where the Belgian problem pinches, because the necessary legislation is not yet in place. Due to our state structure and the complexity of the DSA, it was not immediately clear who should oversee the rules.
The Flemish government argued that certain parts of the DSA concern the Media competence and are therefore for the account of the Flemish community. The federal government initially did not agree with that reasoning.
“Based on advice from the Council of State, the federal government has adjusted its vision,” Filip Van der Elst explains to HLN. He is the spokesperson for Flemish media minister Benjamin Dalle (CD&V). The Flemish Media Regulator (VRM) should therefore inspect media services and impose fines. Consider, for example, social media. The Belgian Institute for Postal Services and Telecommunications (BIPT) takes care of other aspects of the DSA. “The most important thing is that we can now move on,” says Van der Elst.
Not until tomorrow
But there are still some steps to take. It remains to be determined exactly how BIPT will have to cooperate as a coordinator with the VRM and its counterparts in the French- and German-speaking Communities. “A final cooperation agreement must be ratified by the respective parliaments of the federal government and the states,” BIPT spokesperson Jimmy Smedts told our editors.
The DSA has applied to large platforms since this summer (see box). Now almost all online platforms must comply, unless operated by a company with fewer than 50 employees and a turnover of less than 50 million euros. There are also exceptions for comment boxes on news websites, as they are incidental and not the central purpose of the platform.
Rules already in place for major platforms and search engines
An important part of the DSA has been affected since August. Platforms that have at least 45 million monthly users in the EU have already been required to comply with the rules of the European Commission. For example, they must prevent their services from being used to negatively influence elections.
Social platform X, the former Twitter, has already come under strong pressure. Reports about the war in Gaza are said to violate the DSA and that is why an investigation has been launched into Elon Musk’s company. For this type of large platforms, the European Commission has exclusive competence for inspections and sanctions.
So for the time being you still have nowhere to go with your complaint about the website that deleted your account. Not even after the DSA comes into effect on Saturday. Once the various governments of the country have completed the political aspect, the four watchdogs, led by BIPT, must also set up the necessary infrastructure. Consider a complaints form and a system for exchanging information. So the government still has some work to do.
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