Christel Schaldemose (S&D, Denmark) sent, on Tuesday 1 June, her draft report on the proposed Digital Services Act (DSA) (see EUROPE 12728/2) to the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO).
The rapporteur welcomed the Commission’s initial proposal (see EUROPE 12623/1), recalling that digital services are “a backbone” for the economy. Her text stresses the need to create a regulatory framework that provides harmony and guarantees in the face of the challenges posed by the digital sector.
The focus is on illegal products and services sold online. In this respect, the draft report recognises the horizontal nature of this regulation, but considers that the single approach does not allow the issue to be tackled head on. Stricter rules based on the principle ‘what is illegal offline must also be illegal online’ are called for.
Similarly, the text calls for the introduction of stricter obligations and conditions for the exemption from liability in digital markets. Such an approach, the draft report says, could help ensure a level playing field for European businesses and the reliability and safety of products and services purchased online.
Two removal deadlines for illegal content
Another issue of concern for the rapporteur is the removal of illegal content. The draft report recalls the need for greater speed in the removal process of such content, while taking into account fundamental rights. The text puts forward the possibility of setting up two deadlines for platforms to remove content, depending on the danger it represents.
Furthermore, the text states, “where a user frequently provides illegal content to an interface, for example by offering products that do not comply with European legislation, the platform should suspend the user for a reasonable period of time”.
The rapporteur, Christel Schaldemose, also wants deadlines to be set for the internal system for dealing with complaints about content removal. “The internal complaints system should be accessible not only to those whose content has been removed, but also to those whose notification has been rejected”, the document says.
Finally, in addition to further empowering consumers with regard to algorithm-based recommendation systems - so as to limit the impact on the ability to choose information - the draft report goes further in the area of targeted advertising. On this subject, an article was added to the Commission’s initial proposal to require that these advertisements be deactivated by default and that consumers be able to easily block them.
See the draft report: https://bit.ly/3g7jIa2 (Original version in French by Thomas Mangin)