{"id":104100,"date":"2022-04-26T03:00:18","date_gmt":"2022-04-26T01:00:18","guid":{"rendered":"https:\/\/www.cde.ual.es\/?p=104100"},"modified":"2022-04-25T13:33:05","modified_gmt":"2022-04-25T11:33:05","slug":"digital-services-act-council-and-european-parliament-reach-deal","status":"publish","type":"post","link":"https:\/\/www.cde.ual.es\/en\/digital-services-act-council-and-european-parliament-reach-deal\/","title":{"rendered":"Digital Services Act: Council and European Parliament reach deal"},"content":{"rendered":"

An important step has been taken with the provisional political agreement reached on the Digital Services Act (DSA) between the Council and the European Parliament.<\/strong><\/p>\n

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In terms of ambition, the nature of the actors regulated and the innovative aspect of the supervision involved,\u00a0the DSA is a world first in the field of digital regulation.<\/strong><\/p>\n

The DSA follows the principle that\u00a0what is illegal offline must also be illegal online.\u00a0<\/strong>It aims to protect the digital space against the spread of illegal content, and to ensure the protection of users\u2019 fundamental rights.<\/p>\n

Scope<\/h3>\n

The DSA will apply to all online intermediaries providing services in the EU.<\/p>\n

The\u00a0obligations<\/strong>\u00a0introduced are\u00a0proportionate to the nature of the services concerned and tailored to the number of users<\/strong>, meaning that\u00a0very large online platforms (VLOPs) and very large online search engines (VLOSEs) will be subject to more stringent requirements<\/strong>. Services with more than 45 million monthly active users in the European Union will fall into the category of very large online platforms and very large search engines.<\/p>\n

To safeguard the development of start-ups and smaller enterprises in the internal market,\u00a0micro and small enterprises with under 45 million monthly active users<\/strong>\u00a0in the EU will be\u00a0exempted<\/strong>\u00a0from certain\u00a0new<\/strong>\u00a0obligations<\/strong>.<\/p>\n

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The EU aims for a secure digital marketplace for citizens and businesses<\/a><\/h4>\n

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Governance<\/h3>\n

In order to ensure effective and uniform implementation of requirements under the DSA, the Council and Parliament have decided to confer on the Commission exclusive power to supervise VLOPs and VLOSEs for the obligations specific to this type of actor.<\/p>\n

They will be\u00a0supervised at European level in cooperation with the member states.\u00a0<\/strong>This new supervisory mechanism maintains the country-of-origin principle, which will continue to apply to other actors and requirements covered by the DSA.<\/p>\n

Online marketplaces<\/h3>\n

Given the important role played by these actors in the daily lives of European consumers, the DSA will impose a duty of care on marketplaces vis-\u00e0-vis sellers who sell their products or services on their online platforms.<\/p>\n

Marketplaces will in particular have to collect and display information on the products and services sold in order to ensure that consumers are properly informed.<\/p>\n

Systemic risks of very large platforms and search engines<\/h3>\n

The DSA introduces an obligation for very large digital platforms and services\u00a0to analyse systemic risks they create and to carry out risk reduction analysis.<\/strong><\/p>\n

This analysis must be carried out every year and will enable continuous monitoring aimed at reducing risks associated with:<\/p>\n