Antonio Tejeda Encinas, President of the Euro-American Committee of Digital Law - CEA Digital Law
The digital world took a step forward on Saturday 17 February 2024, when the Digital Services Act (DSA) became fully applicable. Designed to tackle the challenges posed by illegal content online and to protect consumers’ rights, this regulatory milestone opens a new chapter in the regulation of digital platforms.
An ambitious European Union initiative, the DSA reshapes the landscape of online liability by setting out a series of clear obligations for providers of digital services, from social media giants to search engines and online marketplaces. These obligations go beyond simply removing illegal content: they require transparency in content moderation, attention to data protection and user safety, and a proactive approach to problems such as hate speech and disinformation.
One of the DSA’s main provisions requires providers of digital services to designate specific points of contact for the authorities and for users, making direct communication easier when problems arise. Online platforms must also provide clear and understandable information about their content moderation practices, together with periodic reports on these activities. This not only promotes transparency but also empowers users by giving them a clearer picture of how online content is managed.
But the DSA does not stop there. It also imposes additional obligations on online platforms, including internal complaint-handling systems, access to out-of-court dispute settlement and the protection of minors online. These measures aim to create a safer and more transparent digital environment for all users, especially the most vulnerable.
Complying with the DSA, however, is not simply a matter of following new rules. Failure to meet these obligations also carries significant consequences. Fines for non-compliance can reach 6% of the company’s annual worldwide turnover, which underlines how seriously these rules are taken.
In short, the DSA represents an important step towards a safer and more transparent internet for everyone. By setting clear standards and attaching significant consequences to any failure to meet them, this legislation has the potential to transform the way we interact and engage with one another online.
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