The Digital Services Act
Objectives of the Digital Services Act
The Digital Services Act was designed to address the growing challenges of the digital era and ensure that Europe’s online ecosystem is safe, fair, and accountable. The key objectives of the legislation include:
- Protection of the users’ rights: ensuring that users have greater control over the content they view, their privacy, and how platforms handle their personal data.
- Prevention of illegal content: establishing clear rules for the removal of unlawful content while safeguarding freedom of expression.
- Platform accountability: imposing transparency obligations regarding recommendation algorithms, online advertising and content moderation.
- Access to justice: providing users with accessible, fair, and independent mechanisms to resolve disputes with online platforms.
The Digital Services Act
- creates a system of obligations for providers, aiming at the withdrawal of illegal content or the disabling of access to it,
- ensures that user-friendly tools are provided that allow users to submit reports to intermediary digital services providers about illegal content, goods or services, as well as to challenge the relevant decisions of the providers,
- requires providers to justify restrictions they impose on content, which they consider to be illegal or contrary to the terms of use of the service,
- provides users with the possibility to challenge decisions of providers imposing restrictions on content, on the grounds that it is illegal or contrary to the terms of use of the service,
- enhances the level of protection of minors in cases where they have access to intermediary digital services,
- ensures transparency as to the way advertisements are displayed and targeted,
- prohibits the use of personalized advertising that uses sensitive personal data of users,
- prohibits personalized advertising directed at minors,
- imposes transparency measures regarding recommender systems used by online platforms, so that they can present users with suggestions for content or product purchases tailored to their interests,
- protects users who are subjected to online harassment,
- provides an out-of-court dispute settlement system, allowing users to resolve their disputes with online platforms.
Dispute Resolution under Article 21 of the DSA
Article 21 of the DSA introduces a mechanism for the out-of-court resolution of disputes between recipients of services and online platforms. This system offers users an efficient and expedient alternative to traditional legal proceedings, enabling them to address disputes related to actions such as content removal or account suspensions. Entities wishing to operate in this area must be accredited by the national competent authority of each member state which certifies their independence, impartiality and expertise. Article 21 applies particularly to:
- Large online platforms and search engines: those posing significant risks regarding the dissemination of illegal content and societal harm. Specific rules are in place for platforms reaching over 10% of the EU’s 450 million consumers. A list of such platforms supervised by the European Commission is available here.
- All online platforms offering services within the EU: these include, marketplaces, app stores, collaborative economy platforms and social media platforms that connect sellers and consumers.
These out-of-court dispute resolution services must be independent and accessible, enabling users to contest decisions such as content removal, account suspension or other actions impacting their rights. Platforms are required to collaborate with qualified entities to offer these mechanisms, adhering to high standards of transparency, fairness, and efficiency.
ADR point’s dispute resolution services ensure:
- Independence and impartiality: disputes are handled by experienced assessors, ensuring fair and transparent processes.
- Accessibility: the procedures are straightforward and digital, enabling users to resolve their issues without costly and lengthy legal battles.
- Regulatory compliance: ADR point ensures that its services fully comply with the DSA requirements and provides a reliable dispute resolution mechanism that produces decisions which are respected, fostering trust in the process.
- Efficiency: thanks to well-structured processes, disputes are resolved quickly, reducing time and costs for all parties involved.
