Digital Services Act

What is the Digital Services Act?

The Digital Services Act focuses on creating a safer online environment for digital users and companies, and on protecting fundamental rights in the digital space by establishing new rules on:

countering illegal content online, including goods, services and information, in full respect of the Charter of Fundamental Rights
tackling societal risks online
the traceability of traders in online marketplaces
transparency measures for online platforms
enhanced supervision

The Council adopted the DSA on 4 October 2022. The new rules apply since 17 February 2024.

The DSA is part of the Digital Services Act package which aims, together with the Digital Markets Act, to:

ensure digital users have access to safe products and protect users’ fundamental rights
allow free and fair competition in the digital sectors to boost innovation and growth

Stylised map of Europe overlaid with networked icons and small human figures, illustrating interconnected digital services, security, and online markets across the European Union.

Digital Markets Act

New measures

Digital platforms must put in place a series of measures to better protect users and enhance transparency.

Counter and quickly react to illegal content (fake news, propaganda, hate speech, harassment and child abuse), and allow users to flag such content.

Combat the sale of illegal products and services.

Use content moderation tools that include the option to contest decisions when users’ content is removed or restricted.

Increase transparency for users regarding terms and conditions and how algorithms recommend content.

Ban advertising for children and the use of sensitive personal data to target ads (gender, sexual orientation, race, religion, or political beliefs).

Ban ‘dark patterns’, i.e. misleading interfaces intentionally designed to trick users into, for instance, subscribing to services without noticing.

Companies covered

All online intermediary companies that connect users with content, products and services in the EU single market, whether they are established inside or outside the Union, must follow the DSA.

Online marketplaces

Social networks

Content-sharing platforms

Online travel and accommodation platforms

Rules are proportionate to the companies’ size and impact on society. Very small platforms are exempt from most obligations.

Stricter rules apply to very large online platforms (VLOPs) and search engines (VLOSEs) with more than 45 million active users, considering the key role they play in e-commerce, in disseminating information and in facilitating the exchange of opinions and ideas.

The European Commission identified 23 VLOPs and 2 VLOSEs:

AliExpress
Amazon Store
AppStore
Bing
Booking.com
Facebook
Google Play
Google Maps
Google Search

Google Shopping
Instagram
LinkedIn
Pinterest
Pornhub
Shein
Snapchat
Stripchat
Temu

TikTok
Wikipedia
X (previously known as Twitter)
XNXX
XVideos
YouTube
Zalando

These are some of the additional requirements that the DSA introduces for such companies:

establish mitigation plans, subject to audits, for the systemic risks they pose, such as disinformation, manipulation during electoral processes, cyber violence against women, or abuse of minors
share data with researchers and authorities
let users decide if they wish to receive personalised recommendations and, if so, how (e.g. not based on their online searches)

What happens if companies do not comply with rules?

Companies that do not follow the DSA face penalties and fines proportionate to their size:

companies with less than 45 million active users may get penalties, including fines, as laid down in member states’ national laws
companies with more than 45 million active users may get fines of up to 6% of their global turnover

Benefits of the Digital Services Act

The DSA safeguards the rights and legitimate interests of all parties involved, particularly EU citizens.

User empowerment

Online users in the EU are empowered to have more control over what they see online, and to be able to understand or be informed about the ads they receive. Users are able to report illegal content, and the platform will then be obliged to notify them of the decisions they take.

Transparency

The law increases the transparency of the rules for content moderation online, while providing greater access to data for authorities and researchers so that they can better understand online space, its societal impact and possible risks.

Protection of minors

Platforms accessible to minors are prohibited from showing targeted advertising based on the use of minors’ personal data as defined in EU law.

Fight disinformation

Platforms have to take measures to address risks linked to the dissemination of illegal content online. They need to have in place a mechanism for users to flag illegal content and act upon notifications expeditiously.

Crisis response mechanism

In the context of the war in Ukraine and the impact on the manipulation of online information, a new article has been added to the text of the regulation introducing a crisis response mechanism.

This mechanism will make it possible to analyse the impact of the activities of VLOPs and VLOSEs on the crisis in question and decide on measures to make sure that fundamental rights are respected.

Your life online: How is the EU making it easier and safer for you?

The European Union is actively working on improving the digital environment for the benefit of all Europeans. Our digital life needs to be safe, easy and respectful of basic freedoms.

In light of the updates on the two key regulations to ensure a safer and easier online life for users, discover more on how the EU is making your online life easier and safer through a feature story.