No more scams and online violence? New EU law comes in

From Wednesday (16.11.22) it can boast of the world’s first set of regulations regulating the functioning of online platforms. The Digital Services Act (DSA) covers social, shopping, travel and accommodation services. It imposes a number of new obligations on them, including the need to counteract illegal content and goods, and makes it easier for users to mark such materials. What is illegal offline must also be illegal online, EU officials argue.

– Thanks to the Digital Services Act, we finally have clear rules in this area – comments the Vice-President of the European Commission, Margrethe Vestager.

Whip on dishonest sellers

So far, website administrators have removed harmful content voluntarily, on the basis of an agreement concluded with the European Commission, the so-called code of conduct. Now they will be legally obliged to remove illegal materials. We are talking here, among others about terrorist content, child sexual abuse or hate speech. In other words: all those that are defined as illegal in EU or national law. If some content is illegal in a given Member State, it will in principle be removed only in its territory.

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The new regulations are also intended to better protect Internet users from dangerous or counterfeit products. First of all, administrators of sales websites will be required to verify users and service providers trading through them; previously it happened that sellers used only a nickname. This will track fraudulent sellers and better protect buyers from illegal goods, including counterfeit and dangerous goods.

Consumer organizations have repeatedly raised the alarm about products that do not meet safety standards entering the EU market and sold online, there was a lot of talk about fake drugs on e-mails, exploding laptop chargers or uncertified car seats for children.

In a situation where the platform receives information that the goods sold through it are counterfeit, it will be obliged to notify the persons who purchased it, provide the details of the dishonest seller and inform about the possibilities of claiming compensation. Administrators will randomly check the documentation of products sold on their site to ensure that less and less non-compliant goods are delivered to EU consumers.

Fewer ads for kids

The new regulations also support Internet users – they not only give them the opportunity to more effectively and easily mark illegal content or fraudulent products found on the web, but also allow them to more effectively pursue their rights if the content posted by them is for some reason removed or blocked by the website administration. In such a situation, it will be required to inform the user of the removal of the materials, explain the reason for the decision and provide a mechanism to challenge it. The user will be able to submit a complaint directly to the website, choose out-of-court dispute resolution or pursue claims before the court.

Internet users will also be able to demand compensation from the platform if they prove that they suffered losses because the platform did not comply with the DSA regulations and, for example, enabled hate speech. The new regulations are also intended to provide greater transparency regarding online advertising. Internet users will receive more information about the ads they see online.

In addition, websites will no longer be able to target behavioral advertising based, among others, on on the search history, to underage users, will also not be able to profile Internet users based on certain personal data, such as ethnic origin, political views or sexual orientation, only to provide them with appropriate advertisements.

Large platforms under special supervision

While the EU digital rules apply to virtually all services, they do not apply to all services in the same way. Large ones with over 45 million. active users, i.e. those whose services are used by more than 10 percent. of the EU population, have more responsibilities, are treated more severely than smaller services, and face more severe penalties. Thus, large sites must conduct annual online risk assessments of online harm related to their services and assess the extent to which their users are exposed to illegal products, content or disinformation.

They will be supervised. In addition, each Member State must appoint a Digital Services Coordinator to oversee the other players. Failure to comply with EU regulations will result in financial penalties, their amount will be determined by the relevant authorities in the Member States. In the case of the largest platforms and when drastic violations of the regulations are found, the Commission will be able to impose a fine of up to 6% of their turnover. their global income.

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