there is already a agreement in the EU about the terms of the Digital Services Act (DSA). Last Saturday, after a marathon day of negotiations that lasted 16 hours, the member countries managed to agree on all the points of a regulation that will make the big technology companies have to take the content that appears on their platforms more seriously. since they will have more responsibilities on him.
They will also have new obligations, among which are the removal of illegal content faster or the obligation to explain to users and researchers how their algorithms work. In addition, they will have to take tougher measures to prevent the spread of false or misinformation. If they do not, and do not comply with the provisions of this law, they will face penalties that could reach up to six percent of their annual income.
The Digital Markets Act, or DMA, which can be confused with the DSA, is more focused on leveling the playing field for businesses. For its part, the DSA will be more concerned with how companies manage the content that appears on their platforms. Therefore, the DSA will have the most immediate impact on end users, while the DMA affects businesses the most. Both, yes, will make distinctions between the obligations and sanctions for companies based on their size, and as is logical, it will be the largest that have to face a higher level of investigation and sanctions.
In view of what these laws propose, it is unlikely that they will only affect citizens and businesses located in EU countries. The laws only affect them, but it is more than likely that their effects will also be felt in other countries. Tech companies may decide that since they have to comply with this regulation in one of their main markets, it is cheaper for them to implement a single global strategy based on it than several. In addition, other parts of the world have long since begun to look to the rules imposed in the EU as inspiration for their own.
While they are thinking about it, the main regulations that they will have to comply with in the EU based on what is marked by the DSA are beginning to be known. Its full content has not yet been made public, but its most important points have been revealed. Like the one that states that targeted advertising based on an individual’s religion, sexual orientation, or ethnicity is prohibited. In addition, in the case of minors, all targeted advertising will be prohibited.
Also known as dark patterns are prohibited, that is, confusing or misleading user interfaces created to make your visitors take specific decisions that are in the interest of the company that developed them. Also, as a rule, unsubscribing should be as easy as a subscription process.
On the other hand, large online platforms such as Facebook will have to make the operation of its algorithms is transparent to users. Thus, everyone will have information about the ordering that Google makes of the content of its pages, or the system used by streaming platforms to suggest content to their subscribers. The platforms will also have to offer their users a recommendation system that is not based on profiles. This implies, for platforms such as Twitter or Instagram, the obligation to offer a chronological profile, as the latter has recently done (although without the possibility of fixing it).
Likewise, the services dedicated to web hosting, as well as the platforms, will have to clearly explain why they have removed illegal content, in addition to giving users the opportunity to appeal this type of decision. Of course, the DSA does not define what it considers illegal content, and it will be each EU country that will have to establish it.
Larger internet platforms will also need to provide key data to investigators working to analyze how risks are evolving online, and e-commerce platforms will need to store basic information about the merchants who use them to track who is selling products or illegal services. In addition, platforms and networks will have to adopt new strategies to deal with disinformation when crisis situations arise, such as the pandemic or the war in Ukraine.
As we have mentioned, the specific regulations of the DSA already have the agreement of the member states of the EU, but they still need to be grounded and specified, so that the law can be officially voted on later, although this step is already considered a formality. Once passed, the law will enter into force 15 months after it is approved or from January 1, 2024whichever date is later of the two.
