The digital services act
Online risks, transparency and data access
M.T. Sekwenz (TU Delft - Organisation & Governance)
R. Gsenger (Freie Universität Berlin)
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Abstract
The Digital Services Act (DSA) represents a landmark legislative framework in the European Union, aimed at regulating online platforms, enhancing transparency, and mitigating systemic risks associated with digital services. The Act aligns with broader EU regulatory efforts, including the General Data Protection Regulation (GDPR) and the Artificial Intelligence (AI) Act, positioning it as a cornerstone of digital governance. A key objective is to create a harmonized internal market that prevents regulatory fragmentation while ensuring consumer protection and fundamental rights. The DSA introduces obligations for intermediary services, including very large online platforms (VLOPs) and very large online search engines (VLOSEs). Moreover, the regulation mandates due diligence measures such as transparency reporting, algorithmic accountability, and user rights protections. Transparency mechanisms include the publication of terms and conditions databases, the Statement of Reasons repository, and advertising libraries. Moreover, the DSA enforces structured risk assessment and mitigation strategies, particularly for systemic risks such as illegal content dissemination, disinformation, and fundamental rights violations. A core component of the DSA is its approach to content moderation, introducing user empowerment mechanisms such as Trusted Flaggers, internal complaint-handling systems, and out-of-court dispute resolution bodies. Additionally, the Regulation includes crisis response provisions enabling swift intervention by the European Commission in extraordinary circumstances. To ensure compliance, the DSA establishes independent audit requirements and risk-based oversight mechanisms, reinforcing platform accountability. This Chapter aims to give an overview and comprehensive introduction to these provisions.
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