Fighting against calls for hatred, disinformation campaigns or counterfeit products… The European Union concluded, on Saturday April 23, new legislation on online platforms, the “Digital Services Act” (DSA). The text aims to ensure better compliance with European laws by social networks, sales sites and search engines.
The text, which will come into force on January 1, 2024 at the latest, must also make very large digital services, such as Facebook or Amazon, responsible. Franceinfo details this agreement judged “historical” by the President of the European CommissionUrsula von der Leyen.
1What are the main points of the text?
All online platforms except micro and small businesses will have the obligation to withdraw “promptly” any illegal content as soon as they become aware of it. They must also inform the judicial authorities as soon as possible when they suspect a “serious criminal offence” threatening “the life or safety of persons”.
Specifically, social networks will have to suspend users providing “frequently” illegal content (hate speech, fraudulent advertisements, etc.). Online sales sites will have to verify the identity of sellers before authorizing them on their platform and block repeat fraudsters. Random checks on their ads will be carried out. The DSA further prohibits misleading interfaces (known as “dark pattern”) that push Internet users towards certain account settings or certain paid services.
Online advertising will also be better regulated. The platforms will thus have to allow each user to know the parameters used to target him and to know who is financing the ad. The text also prohibits targeted advertising aimed at minors and that targeting “sensitive” characteristics, such as political leanings or religious affiliation.
Finally, online platforms will have to publish a report once a year detailing in particular the actions put in place to moderate content. They will have to set up a free complaints system to challenge decisions to withdraw information, suspend or terminate an account.
2Will specific rules apply to web giants, such as Facebook or Amazon?
Yes. Additional obligations will apply to “very large” online platforms, which have more than 45 million active users in the European Union. Potentially, around twenty companies will be affected, including Google and its subsidiary YouTube, Meta (Facebook, Instagram), Amazon, Microsoft and its social network LinkedIn, Apple or Twitter.
These platforms will have to analyze the risks associated with their services in terms of the dissemination of illegal content, invasion of privacy or freedom of expression, health or public safety. And put in place the means to mitigate them. The web giants will also provide the European regulator with access to their data so that it can monitor compliance with the regulation. This data may also be open to approved researchers.
In the context of the war in Ukraine and the disinformation campaigns it promotes, “a crisis response mechanism” has been added to the text, explained the European Council. Activated by decision of the European Commission, it will make it possible to take measures “proportionate and effective” with regard to the very large platforms which would contribute to spreading false information.
Finally, they will have to set up an independent internal service to check that they comply with European regulations. But they will also be audited, at their own expense, once a year by independent bodies.
3How will the platforms be controlled?
Each Member State of the European Union will designate a competent authority, endowed with the power of investigation and sanction, to enforce the regulation. These 27 authorities will cooperate with each other.
The Member State in which the main establishment of the digital service provider is located will be competent to enforce the obligations, except for very large platforms which will be placed directly under the supervision of the European Commission.
4What are the penalties for violating the rules?
Users will have the right to lodge a complaint against a digital service provider with the competent authority alleging a violation of the regulations. Online sales sites that do not respect their obligations may be held liable for the damage suffered by buyers of non-compliant and dangerous products.
The European Commission will be able to impose fines of up to 6% of the worldwide turnover of the platforms, or even pronounce “a ban on operating in the EU single market in the event of repeated serious infringements”, detailed (article in English) the commissioner in charge of the internal market, Thierry Breton.