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The Digital Services Act

The Digital Services Act (DSA) aims to protect users of intermediary digital services from illegal or harmful content and disinformation, by more effectively upholding their fundamental rights online.

Within this framework, the Act regulates intermediary digital services, such as online platforms for selling goods or services, app stores, social media platforms, online search engines, and internet access services. In essence, these are services that connect internet users to goods, services, and content.

The Act establishes rules for intermediary digital services provided to users residing in the EU, regardless of whether the provider is established within the EU or outside of it.

Important note
  • The Digital Services Act does not impose a general obligation on providers of intermediary digital services to monitor the content transmitted through their services.
  • Different obligations apply depending on the size of the providers and the type of services they provide.

The Act:

  • establishes a system of obligations for providers, aimed at removing or disabling access to illegal content,
  • ensures the availability of easy-to-use tools enabling users to report illegal content, goods or services to providers of intermediary digital services, as well as to challenge the relevant decisions of providers,
  • requires providers to state the reasons for any restrictions they impose on content deemed to be illegal or contrary to their terms and conditions,
  • grants users to possibility to challenge providers’ decisions imposing restrictions on content, on the grounds that it is illegal or contrary to their terms and conditions,
  • enhances the level of protection of minors where they have access to intermediary digital services,
  • ensures transparency as to how ads are displayed and targeted,
  • prohibits the use of personalised advertising using sensitive personal data of users,
  • prohibits personalised advertising targeting minors,
  • imposes transparency obligations concerning  recommender systems used by platforms to suggest content or products tailored to users’  interests,
  • protects users who are subject to online harassment.
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