Digital Service Act: Agreement under trialogue procedure – DSA moves closer to entry into force

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At EU level, the Council, Parliament and European Commission agreed on a final text for the Digital Services Act during a trialogue last weekend. The EU regulation aims to achieve uniform regulation of online platforms across the EU.

The EU Council and Parliament had each proposed amendments to the text of the regulation (see also our last article). The consolidated version of the rules has not yet been published – we will let you know when it is available. However, the official Press release emphasizes in particular the following points, which should be included in the final text:

  • The distinction between “normal” and very large online platforms (services with more than 45 million monthly active users in the European Union) is maintained. In particular, very large online platforms are required to analyze systemic risks and carry out a risk mitigation analysis.
  • Marketplaces should be required to collect and display information about products sold to ensure that platform users are properly informed (“Know your customer“).
  • Recently, repeatedly in public debate, and now expected to be included in the final text, is the ban on “dark patterns”, i.e. a design of the platform or user interface designed to lead the user to actions contrary to his interests.
  • Increased transparency obligations should apply to the parameters of recommender systems in order to improve the information of platform users and their decisions.
  • In the context of Russian aggression in Ukraine and its particular impact on the manipulation of information online, a new article has been added to the text introducing a rapid response mechanism. The mechanism is intended to enable the Commission to analyze the impact of the activities of very large platforms on the crisis concerned and to take measures to protect fundamental rights.
  • In the final version, platforms will be prohibited from displaying Targeted advertising based on the use of personal data of minors.

What happens next?

After the trialogue, the official vote on the final version must now take place in the European Parliament and the Council. If the latter occurs before the summer holidays, the regulation could still come into force in 2022; and if not, it would probably have to be reckoned with the beginning of 2023.

Find out today what the legal world will be talking about tomorrow.

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