欧盟数字服务法（英）-欧盟委员会-2020.12.15-113页_691kb

Summary of the Proposal for the Digital Services Act

Core Content

The Digital Services Act (DSA) is a proposed Regulation by the European Parliament and Council aimed at regulating digital services across the EU to ensure a single market for digital services. It builds upon the e-Commerce Directive (2000/31/EC), which has been foundational in the digital economy, while addressing new challenges and risks posed by the evolution of digital technologies.

The DSA seeks to establish clear responsibilities and accountability for intermediary service providers, especially online platforms such as social media and marketplaces. It introduces due diligence obligations, notice-and-action procedures, and transparency requirements to enhance online safety and protection of fundamental rights. The proposal also emphasizes consumer trust, fairness, and competitive digital environments in Europe.

Main Objectives

• To ensure the proper functioning of the internal market for digital services.
• To enhance online safety and protect fundamental rights, including freedom of expression and privacy.
• To set a robust and durable governance framework for digital services.
• To address illegal content and systemic risks across the EU while respecting users' rights.

Key Features

• Harmonized obligations: The DSA introduces a unified legal framework for digital services, ensuring consistency across the EU and reducing legal fragmentation.
• Due diligence obligations: Certain platforms, especially those with significant reach (over 45 million users), are required to implement risk management tools and transparent content moderation processes.
• Notice-and-action procedures: Platforms must respond to reports of illegal content, and users can challenge content moderation decisions.
• Transparency and accountability: The DSA mandates reporting obligations for platforms, including information on traders and advertising practices.
• Cooperation mechanisms: Member States and Union-level authorities will collaborate to enforce the Regulation, particularly for cross-border issues.
• Exemptions for small platforms: Very small service providers are not subject to the stricter obligations, ensuring a proportional approach.

Consistency with Existing Policies

• The DSA builds on the e-Commerce Directive, particularly its internal market principle and liability exemptions for intermediaries.
• It complements sector-specific legislation, such as the AVSMD (Audiovisual Media Services Directive), and does not replace them but fills in regulatory gaps.
• The DSA is consistent with the GDPR and other data protection laws, ensuring that privacy and data rights are not undermined.
• It supports the European Democracy Action Plan and the Union of Equality, aiming to empower citizens and protect rights in the digital sphere.

Legal Basis and Proportionality

• The legal basis is Article 114 TFEU, which aims to ensure the functioning of the internal market.
• The proposal applies asymmetric obligations, meaning that only very large platforms face stricter requirements, while smaller providers are exempt.
• It includes a co-regulatory backstop, allowing for voluntary initiatives and self-regulation to support enforcement.
• The proportionality of the DSA is ensured by limiting obligations to what is strictly necessary to achieve the objectives of a safe and fair digital environment.

Stakeholder Consultations

• The Commission conducted extensive consultations with a wide range of stakeholders, including platforms, businesses, users, NGOs, and authorities.
• The public consultation received 2,863 responses and 300 position papers, showing general agreement on the need for action to improve online safety and market functionality.
• Stakeholders emphasized the importance of transparency, effective redress mechanisms, and harmonized rules across the EU.
• There was broad consensus on not defining harmful content as illegal, to avoid overreach and protect freedom of expression.
• Concerns were raised about algorithmic transparency, online advertising, and the effectiveness of reporting mechanisms.

Conclusion

The DSA represents a comprehensive and proportionate regulatory framework for digital services in the EU. It aims to modernize the e-Commerce Directive, enhance oversight, and protect users' rights in the context of a rapidly evolving digital landscape. By balancing accountability with legal certainty, the DSA supports innovation, trust, and a competitive digital single market.