Information society services, and in particular intermediary services, have become an important part of the European Union's economy and the daily lives of its citizens. New, innovative business models and services, such as social networks and online marketplaces, enable users and consumers to disseminate and access information and trade in new ways on a daily basis. As the digital transformation and the increasing use of these services also bring new risks and challenges, providers of digital intermediary services, such as providers of data transmission and storage services, including online platforms, also need to act responsibly and transparently. This also applies to the largest technology providers such as Google, Apple, Microsoft, Meta, X, TikTok, Amazon, AliExpress and others.
In order to protect and improve the functioning of the internal market, it was necessary to adopt uniform, effective and proportionate rules at EU level that can ensure the conditions for a safe and trustworthy online environment. Therefore, one of the fundamental objectives of Regulation (EU) 2022/2065 on a single market for digital services and amending Directive 2000/31/EC (the Digital Services Act or DSA), which became fully applicable on 17 February 2024, is to harmonise certain obligations of digital intermediary services in the internal market.
Responsible and diligent behaviour by intermediary service providers is thus essential to ensure a safe, predictable and trustworthy online environment and to enable citizens of the Union and other persons to exercise their fundamental rights as guaranteed by the Charter of Fundamental Rights of the European Union, in particular the freedom of expression and information, the freedom to take economic initiative and the right to non-discrimination, and to achieve a high level of consumer protection.
The harmonised rules also aim to ensure that the dissemination of illegal online content and the social risks that may arise from the dissemination of disinformation or other content are adequately regulated. A safe and trustworthy online environment is even more important for children and minors, who are increasingly engaging in online interactions and monitoring and consuming online content.
How does the DSA manifest itself in practice?
The Digital Services Act, or DSA, is showing its impact through intensive enforcement, with the European Commission and Digital Service Coordinators committed to ensuring its full application. Several platforms have already made changes to parts of their services immediately after the DSA came into force.
An overview of these changes is available here.