5 things to remember about the Digital Services Act (DSA)

Published on 16 February 2024

  • Protecting the public
  • Regulation
  • Infox
  • Internet
  • Platform

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    The Digital Services Act (DSA) came fully into force on February 17, 2024. What are the key points of this new scheme?

    Disinformation, online hatred, sale of illegal products, ... The Digital Services Act (DSA), which came into force on February 17, 2024, aims to :

    • create a safer digital space where users' fundamental rights are protected.

    This step followed the first implementation phase launched in August 2023 for the biggest digital players, whose services are used by over 45 million European Union citizens.

    1. What is SNSR?

    2. Services and websites concerned

    3. What will the RSN change for me?

    4. What framework?

    5. What are the next steps?

    What are the Digital Services Regulations?

    The Digital Services Regulation isa European regulation adopted in 2022 by the European Parliament and the Council of the European Union.

    The text lays down rules requiring online platforms to put in place tools to limit the presence and proliferation of unlawful content.

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    In particular, online platforms must :

    • demonstrate transparency (in content moderation, algorithm operation, data collection, etc.);
    • offer users simple, effective reporting tools;
    • prevent targeted advertising aimed at persons under 18;
    • publish reports and open upaccess to their interfacedata to researchers in order to better understand the risks associated with the use of their services (e.g. those linked to the health and safety of users, the proliferation of unlawful content, negative effects on democratic processes and public safety, or on freedom of expression, etc.).

    Which services and websites are affected?

    Intermediary service providers, including:

    • Simple transport" or "caching" services

    For example: Internet service providers (Orange, Free), domain name registrars (IONOS, Ikoula), etc.

    • Hosting" services

    For example: cloud computing services (OVH, Outscale, Scaleway), web hosting services (OVH), etc.

    • Online platform" services

    For example: social networks (Facebook, Yubo, BeReal), marketplaces (Amazon, LeBonCoin, Rakuten, Alibaba), dating applications (Tinder, Meetic), video-sharing platforms (YouTube, Dailymotion), etc.

    • Online search engine services

    (Google Search, Qwant, Bing)

    Digital Services Regulation or DSA: obligations and services concerned.

    What will this regulation change for me?

    Online platforms are required to deploy mechanisms enabling Internet users to:

    • report unlawful or harmful content,
    • be informed of the moderation measures taken by the platforms,
    • be able to challenge these measures if they feel they are unjustified.

    These rules enable us tobuild a digital space where everyone can :

    • get information with greater confidence,
    • express themselves in complete serenity,
    • avoid scams,
    • protect themselves more effectively against online hate.

    As part of the RSN, associations, entities and organizations recognized for their expertise and skills (child protection, fighting cyberbullying, etc.) can apply for "trusted flagger" status.

    Once designated, they will be required to

    • submit substantiatedreports to online platform service providers, who will be required to process them on a priority basis;
    • publish detailedannual reports on their activities.

    To find out more, click here:

    How to frame it?

    To ensure consistent implementation of the European regulation at national level, each EU country designates one or more competent authorities to enforce the text, including an independent authority to act as "coordinator for digital services" (CSN).

    The draft legislation aimed at securing and regulating the digital space (PJL SREN), passed on first reading in the French Senate and then in the French National Assembly (pending a joint committee), makes provision for this role to be entrusted to Arcom for France.

    [Update ] The law aimed at securing and regulating the digital space was promulgated on May 21, 2024. It was published in the Journal Officiel on May 22, 2024.

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    As CSN, Arcom is responsible for monitoring and enforcing the RSN in France and can, among other things:

    • Respondent to service providers established in France;
    • Demand the cessation of an infringement of the law;
    • Impose penalty notices;
    • Impose temporary access restrictions, as a last resort.

    The French national data protection agency (CNIL) and the Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) have also been assigned missions in line with their respective areas of competence in data protection and online consumer law.

    What's next?

    Since August 2023, the regulation has applied to very large online platformsand search engines (VLOPSEs), which have at least 45 million active recipients in the EU on average per month.

    Since February 17, 2024, the regulation has imposed obligations, under the supervision of national authorities, on all online intermediaries providing services in the European Union.

    End of August 2024: publication of the second transparency reports from the very large online platforms and search engines concerning implementation of the regulation.

    By February 2025: publication by other digital services (less than 45 million users) of their first transparency report on implementation of the regulation.

    Discover Arcom's action and role

    Fight agains information manipulation

    Fight agains online hate

    Protection of young people and persons under 18

    Creative protection

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