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Last month, the Internal Market Committee of the European Parliament endorsed the provisional agreement previously reached with EU governments on the Digital Services Act (DSA). The DSA, together with its sister proposal on the Digital Markets Act (DMA), sets standards for a safer and more open digital space for users and a level playing field for companies. The background to the DSA and the opinion of the European Copyright Society on the initial proposal are discussed in an earlier post (here).

Under the new rules, online platforms – such as social media and marketplaces – will have to take measures to protect their users from illegal content, goods and services. Users will be empowered to report illegal content online and platforms will have to act quickly, while respecting fundamental rights, including the freedom of expression and data protection. Very large online platforms and search engines will have to comply with even stricter obligations to protect users from illegal content and goods.

Penalties for non-compliance can reach up to 6% of platforms’ worldwide turnover.

Both the Digital Services Act and Digital Markets Act are expected to be put for a final vote in Parliament later this month. The DSA Regulation will enter into force 20 days after its publication in the EU Official Journal and the provisions will start to apply fifteen months thereafter.


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