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The Digital Services Act

The European Commission launched the consultation for the Digital Services Act earlier this week. This is likely to be the flagship legislative initiative of this term and it aims at re-thinking and re-shaping the online world as we know it. It is the biggest overhaul of internet regulation since the E-commerce Directive 20 years ago.

The Digital Services Act package will be structured around two pillars. The first one will deal with new and revised rules for online platforms and information service providers, including oversight reinforcement over platforms’ content policies. The second one will cover “ex ante rules to ensure that markets characterised by large platforms with significant network effects acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants.“

This consultation is centred around six specific issues, where the Commission is asking for input and evidence: 

• Keeping users safe online
• Reviewing the liability regime of digital services acting as intermediaries
• Issues deriving from the gatekeeper power of digital platforms
• Other emerging issues and opportunities, including online advertising and smart contracts
• Addressing the challenges around the situation of self-employed individuals offering services through online platforms
• Governance needed to complete the Single Market for digital services.

The consultation is open until 8 September. DSA legislative proposals are expected in Q4 of this year.

techUK will be working with members on this consultation response. Should you have any questions at this stage, please reach out to Sabina Ciofu or Ben Bradley.