IT / e-commerce /

Digital Services Act (DSA) regulations come into effect

Online security is becoming a priority with the introduction of the provisions of the Digital Services Act (DSA).

The new regulations aim to increase the safety of Internet users by effectively combating illegal content and precisely regulating the moderation of posts.

It is worth remembering that as of August 25, 2023, regulations for very large platforms and search engines are already in force. It is the task of the European Commission to monitor these entities’ compliance with the DSA regulations. On the other hand, as of February 17 of this year, these regulations also apply to all intermediary service providers, including smaller platforms, social networks or web hosts.

What benefits does this bring to our online safety?

First, the procedure for removing illegal content from the Internet is unified for all European Union countries, obliging platforms to set up a reporting system for content spreading hatred, violence or child pornography.

It is also important to note that in the context of data protection, the DSA regulations do not violate the provisions of GDPR (the General Data Protection Regulation), but introduce additional measures to better protect users. ISPs cannot use minors’ personal data or sensitive data for advertising purposes.

In addition, the DSA brings greater rights to Internet users by controlling the moderation of content by the platforms themselves. Users whose content is removed or blocked have the right to receive a justification of the platform’s decision and the opportunity to appeal it.

The DSA regulations also impose new obligations on ISPs, such as implementing an internal complaint handling system, ensuring transparency in online advertising, and providing information on content moderation rules and algorithm performance.

For small and medium enterprises, which are not as burdened as larger online platforms, some obligations, such as reporting or external audits, may be less restrictive. This is part of a strategy to ease the administrative and regulatory burden on smaller companies.

In Poland, the Ministry of Digitization is working on a draft amendment to the Electronic Service Provision Act, with a view to implementing DSA regulations. Consultations on the assumptions for this law conducted in January 2024 resulted in a large number of submitted comments.

Author team leader DKP Legal Mateusz Bałuta
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