Digital Service Act: Agreement in the trilogue procedure - DSA comes closer to coming into force

At the EU level, the Council, the Parliament and the EU Commission agreed on a final text for the Digital Services Act in a trilogue last weekend. The EU regulation is intended to lead to uniform regulation of online platforms across the EU.

The EU Council and Parliament had each proposed amendments to the text of the regulation (see also our last article). The consolidated version of the regulation has not yet been published - we will inform you as soon as it is available. However, the official press release highlights the following points in particular, which are to be expected in the final text:

• The distinction between "normal" and very large online platforms (services with more than 45 million monthly active users in the European Union) is maintained. Very large online platforms are particularly required to analyse systemic risks and carry out a risk mitigation analysis.
• Marketplaces should be obliged to collect and display information about the products sold to ensure that platform users are adequately informed ("Know Your Customer").
• Recently in public discussion again and again, and now expected to be included in the final text, is the prohibition of "dark patterns", i.e. a design of the platform or user interface that is designed to lead the user to actions that are contrary to his or her interests.
• Increased transparency obligations are to apply to the parameters of recommendation systems in order to improve information for platform users and their decisions.
• Against the backdrop of Russian aggression in Ukraine and its particular impact on the manipulation of online information, a new article has been added to the text introducing a rapid response mechanism. The mechanism is intended to allow the Commission to analyse the impact of the activities of very large platforms on the relevant crisis and to take measures to protect fundamental rights.
• In the final version, platforms are to be prohibited from displaying targeted advertising based on the use of personal data of minors.

What happens next?

After the trialogue, the official vote on the final version must now take place in the EU Parliament and the Council. If the latter happens before the summer break, the regulation could still enter into force in 2022; and otherwise, one would probably have to reckon with the beginning of 2023.