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Understanding the Digital Services Act (DSA): What It Means for Europe’s Digital Future

By Kristupas Vaičius
It's almost a full year since the EU Digital Services Act (DSA) was implemented in February 2024. How is it changing the way online platforms approach content marketing? How will the DSA shape the future of large online search engines? We'll discuss these important points below.
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What Is the Digital Services Act (DSA)?

The Digital Services Act (DSA) is a European Union (EU) legislation that promotes security and fairness in online platforms. This magnifies the content accountability of hosting services, online marketplaces, and social media platforms. 

The DSA addresses potential issues in the online ecosystem, particularly in the following areas:

  • Spread of illegal content
  • Misinformation and fake news
  • Lack of online content transparency reports
  • Harassment and abuse on small to large online platforms
  • Weak user protection

Digital platforms must comply with a legal framework when posting content online. This is already one of the rules on small-scale to enterprise digital marketing guidebooks. The DSA’s new rules emphasize this legal certainty.

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The Objectives and Scope of the DSA

The Digital Services Act package highlights the importance of protecting users’ fundamental rights. A big part of DSA’s existence is providing users with safe online services and channels.

Ultimately, these two consumer-focused objectives make up the bulk of the digital markets act:

  • Creating a Safer Digital Market: Hold online platforms accountable when they offer services and content. Illegal content and false information should be removed.
  • Protecting Consumer Rights: Guarantee fairness and security in online marketplaces, especially targeted advertising. Ensure that users’ fundamental rights are protected, particularly from discrimination and abuse.

Moreover, national digital services coordinators strictly enforce the DSA. National authorities, including the European parliament, oversee this law.

Key Components of the Digital Services Act

The Digital Services Act (DSA) covers these key areas to ensure transparency on designated platforms and search engines.

Obligations for Very Large Online Platforms

The DSA requires a lot from very large online platforms (VLOPs), including large online search engines (VLOSEs). The focus is to secure the fundamental rights of European users when accessing digital channels.

Here are several obligations for digital intermediary services like a very large online platform: 

  • Conduct assessments and audits to mitigate technical and content risks
  • Prioritize users’ fundamental rights through data privacy and community 
  • Provide transparency reporting on all the ads shown on online platforms

Tech companies and very large online platforms are also required to undergo external audits. These independent audits properly assess intermediary services and social media platforms.

Content Moderation and Liability

The European Union adopted the DSA to enforce specific rules on content accountability. This set of rules includes these additional obligations:

  • Remove illegal content, including hate speech and discriminatory language
  • Introduce clear community rules to help with content moderation
  • Schedule risk assessments for very large online platforms like Google Search services

Running an enterprise content marketing campaign requires accountability. Be clear with your community rules and promptly moderate content when needed. 

Data Access and Transparency

The DSA’s new rules include a high level of data transparency. For instance, the European Commission and national authorities can access online platforms’ data frameworks.

Here are transparency requirements for hosting services, tech companies, and online platforms:

  • Provide algorithm framework for recommendation systems
  • Report advertisers’ identities and ad targeting criteria
  • Allow regulators to look into data processing systems

These data transparency rules apply to all online platforms and search engines. It also covers tech-based apps such as Google Maps and Google Play. Transparency reporting is essential in protecting the fundamental rights of online users.

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DSA Compliance Tips for Businesses

The EU Digital Services Act (DSA) covers businesses operating within the region’s single market and internal market. Online platforms and search engines must comply with these new rules to avoid legal repercussions.

Even enterprise platforms like Meta comply with EU law. We recommend following these tips to ensure compliance with the new rules:

  • Adapting to New Regulations: All intermediary services must stay updated with new rules from the European Commission. From smaller platforms to the largest platforms, hiring a legal representative is key. This helps you mitigate systemic risks and avoid consequences from European policymakers. 
  • Impact on Paid Media: Online services must report their advertising criteria, especially in targeted content. The European Board limits the type of consumer data used in personalizing ads. As such, advertising gatekeeper platforms must exhibit transparency to ensure user protection. You can also consult paid media experts to guarantee compliance with DSA’s regulations.
  • Strategic Compliance Support: Hire external auditors to monitor intermediary liability and systemic risks. For instance, content marketing agencies like Fortis Media offer legal public consultations. 

Avoid the risk of formal proceedings and legal repercussions. This could harm your brand’s reputation and market standing. Complying with the DSA’s policies could help ensure your business’s sustainable growth.

Future of Digital Regulations and Europe’s Digital Ecosystem

The DSA is surely the beginning of a stricter digital landscape. Hosting services and online channels must expect more changes, particularly in terms of data privacy and security.

Here are two aspects we’re anticipating to take shape in the foreseeable future:

  • Trends in Digital Regulation: Regulators might double down on AI-powered algorithms and services. Automated tools must report how they utilize and secure user data. This is an aspect that the European Commission is prioritizing.
  • Europe’s Position in the Global Digital Landscape: The European Commission is focused on protecting consumer rights. Digital markets and services must innovate while safeguarding user privacy. Accountability for illegal content and irresponsible data consumption is a requirement.

Sure, it looks stringent on the surface. On the brighter side, the DSA’s focus on consumer protection could be an advantage for European markets. People will trust their brand and products even more.

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Key Takeaways

The Digital Services Act (DSA) is Europe’s attempt at creating a safer online ecosystem. With content coming out from everywhere, the region must stay proactive in protecting users’ rights and privacy.

In the so-called content boom, online platforms must build a safe and inclusive community. Avoid discriminatory acts, hateful language, and illegal content. Most of all, refrain from putting up fake news and false information to avoid grappling with consequences.

That’s why businesses today are working with digital marketing experts like Fortis Media. They help ensure that your content is aligned with regulatory standards and policies. Moreover, these experts offer digital PR services to cross-promote your brand in a safe and legal manner.

Of course, we recommend a careful screening process when outsourcing tasks. It’s advisable to work with agencies that have previous experience in your niche. This way, they can easily align their strategies with your business’s unique goals and needs.

FAQs

Who needs to comply with the Digital Services Act?

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Online marketplaces, social media platforms, and content-sharing platforms are among those expected to comply with the Digital Services Act (DSA). Also, the DSA requires the compliance of hosting services, app stores, internet access providers, and domain name registrars. Essentially, all online channels handling user data should abide by the DSA.

What changes does the DSA bring to content moderation?

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The Digital Services Act (DSA) enforced transparency in platform algorithms, prompt removal of illegal content, and stricter appeal processes for content moderation. The DSA’s focus is on strengthening user rights, especially in reporting abusive language, harmful content, and discriminatory acts. Moderating content is essential in building a safe online community.

How can businesses prepare for DSA compliance?

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Businesses should first assess how the Digital Services Act regulates their respective markets, particularly in terms of audience base and the nature of products and services. The DSA enforces specific policies in each market, which leads to variations in compliance obligations, documents, requirements, and deadlines.

What are the benefits of the DSA for online consumers?

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The Digital Services Act (DSA) provides an extra layer of protection when it comes to content regulation, algorithm transparency, fair competition, and data privacy. These help online consumers know how their data is used by online channels they visit. In turn, users are better protected against fraudulent activities and scams.

What penalties exist for non-compliance with the DSA?

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Monetary fines, public reprimands, and temporary or permanent bans await businesses that do not comply with the Digital Services Act (DSA). The European Commission can even impose fines of at least 5% of a company’s global annual revenue, which could be significant for enterprises or large-scale businesses.

How does the DSA enhance data transparency for users?

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The Digital Services Act doubles down on how recommendation algorithms utilize consumer data, establishing a framework for clearer reporting transparency. Digital channels must label advertisements or sponsored posts, so as not to misguide their audience. Moreover, the DSA enforces platforms to allow users to correct or delete their personal data.

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