EU Digital Services Act: A New Era of Accountability in the Digital Realm

Introduction

The digital landscape is constantly evolving, bringing incredible opportunities but also new challenges. Online platforms play an increasingly important role in our social and economic life. However, the current EU rules on digital services date back two decades and have remained largely unchanged since the adoption of the E-Commerce Directive in 2000 (Directive 2000/31/EC). To address these challenges and modernize the legal framework, the EU has taken a significant step with the Digital Services Act (DSA), a regulation focused on creating a safer, more transparent, and accountable online environment. DSA introduces key obligations and a framework that will reshape how online services operate.  

What is the EU Digital Services Act?

The DSA is a regulation that updates the rules for online services in the EU. It aims to modernize the legal framework that governs online intermediary services. This includes everything from basic network infrastructure (like cloud and web hosting) to online platforms (such as app stores and social media) and very large online platforms and search engines. The core idea is to ensure that these services are held accountable for addressing illegal content and potential societal risks.  

Why is the DSA important (and mandatory)?

The DSA is important because it creates a harmonized set of rules across the EU, reducing the fragmentation caused by differing national laws. This legal certainty is crucial for both service providers and users. For security professionals, this means a clearer understanding of the legal obligations concerning illegal content, user safety, and platform responsibility. Compliance is mandatory for any online service provider targeting the EU market, regardless of where they are established.  

Who does the DSA apply to?

The DSA has a wide scope, applying to various players in the online ecosystem:

• Intermediary services: This is a broad category that includes services like internet service providers, cloud hosting, and online platforms.  
• Online platforms: Services that not only store user-provided information but also disseminate it to the public (e.g., social media platforms, online marketplaces).  
• Very large online platforms and search engines (VLOPs/VLOSEs): These are subject to stricter obligations due to their significant impact on the online environment.  

What problems does the DSA solve?

The DSA tackles several critical issues:

• Illegal content: The DSA aims to address the spread of illegal content online, requiring platforms to take action.  
• Lack of accountability: The DSA increases the accountability of online service providers for their role in the digital ecosystem.  
• User safety: The DSA includes measures to protect users online, promoting a safer and more trustworthy environment.  
• Transparency: The DSA emphasizes transparency in how online services operate, including content moderation and advertising.  

Nuances security professionals should note:

• The DSA introduces a layered approach, with obligations varying based on the type and size of the online service.  
• It clarifies the conditions under which intermediary services can be exempt from liability for user-generated content, balancing the need to address illegal content with the protection of free speech.  
• The DSA establishes a new cooperation framework among EU member states to supervise and enforce the regulation, highlighting the importance of cross-border collaboration.  

Conclusion

The DSA represents a fundamental shift in the regulation of online services. For security professionals, it's crucial to understand its implications. It will drive changes in how online services manage content, address risks, and ensure user safety. By promoting transparency and accountability, the DSA aims to create a digital environment that is safer and more trustworthy for everyone.

‍