Digital Services Act starts applying to all online platforms in EU

Social media – Image by Biljana Jovanovic from Pixabay

(BRUSSELS) – The Digital Services Act, the EU’s new rulebook for a safer and more transparent online world, will apply in full to online platforms and marketplaces in the EU from Saturday 17 February.

Under ther DSA, online consumers are to be better protected from rogue sellers, will no longer have their sensitive or children’s data used for targeted ads, and are able to opt for more privacy regarding recommender systems.

“We are fully mobilised to ensure full implementation of the DSA and we encourage all Member States to make the most out of our new rulebook,” said Internal Market Commissioner Thierry Breton: “Effective enforcement is key to protect our citizens from illegal content and to uphold their rights.”

Main changes of the Digital Services for consumers are that:

  • Online marketplaces will have to verify that sellers on their platforms are legitimate.
  • Online platforms need to provide more transparency about how their algorithms work.
  • Consumers will be able to choose the level of personalisation of recommender systems on very large online platforms and marketplaces.
  • Online advertisers will not be able to use sensitive types of data such as sexual orientation, religion or political beliefs to serve targeted ads, nor will they be able to use children’s data for targeted ads.
  • Consumers will be able to join forces using collective redress litigation if a company does not respect their rights under the Digital Services Act.

Platforms not designated as ‘Very Large Online Platforms’ (VLOPs) or  Search Engines (VLOSEs) will be supervised at Member State level by an independent regulator acting as the national Digital Services Coordinator (DSC). It will be the responsibility of the DSCs to ensure that these platforms play by the rules. DSCs will supervise and enforce the DSA for the platforms established on their territory.

The Digital Services Coordinators and the Commission will form an independent advisory group, the European Board for Digital Services, to ensure that the DSA is applied consistently, and that users across the EU enjoy the same rights, regardless of where the online platforms are established.

Since the end of August 2023, the DSA has already applied to the 19 (VLOPs) and VLOSEs designated in April 2023 (with more than 45 million monthly users on average). Three other platforms designated as VLOPs in December 2023 have until end of April to comply with the most stringent obligations under the DSA. However, they will have to comply with the general DSA obligations from tomorrow.

Digital Services Act – policy page

Digital Services Act – Q&A Memo

Digital Services Act – fact page

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