Digital Services Act ("DSA")

Purpose: to ensure a safe and responsible online environment for digital platforms by preventing illegal and harmful activities as well as the spread of disinformation by being able to require the removal of illegal content.

Scope: in short, the regulation applies to all companies that mediate content online. It applies to «intermediary services» offered to users of the service established or located in the EU, regardless of where the providers of these intermediary services have their place of establishment. Providers of intermediary services include providers of network infrastructure such as internet providers, hosting service providers, and online platforms such as online marketplaces and social media platforms.

Core obligations: under the DSA, providers of intermediary services still do not have total responsibility for the content on their platforms, but they have a duty to remove illegal content they are made aware of. Among other things, manipulative design that deliberately misleads or deceives consumers into making specific choices online, so-called «dark patterns,» is now illegal.

DSA requires clear and effective procedures for users to report illegal content, providers’ handling of complaints, and correction of the problems. DSA also requires that large platforms assess their own risk of spreading illegal content and harmful activities and ensures the possibility of stronger oversight of how platforms handle content including increased transparency around their algorithms.