MEPs of the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO) adopted, on Tuesday 14 December, the report by Christel Schaldemose (S&D, Denmark) on the Digital Services Act (DSA) (36 votes in favour, seven against, two abstentions) (see EUROPE 12852/13).
“We are democratically reclaiming our online environment. The DSA brings European technology regulation into the 21st century and it’s about time”, said Ms Schaldemose.
“This is a clear message from the Parliament on consumer protection, welcoming businesses. We want to put an end to the digital ‘Wild West’, with big companies doing what they want”, added Arba Kokalari (EPP, Sweden).
In concrete terms, the report adopted on Tuesday maintains its guidelines for the removal of illegal content online. Through a notification system, hosting service providers will have to react “without undue delay, taking into account the type of illegal content notified and the urgency to act”.
Several provisions have also been added to ensure that deletions of content are not “discriminatory” or “arbitrary” and respect fundamental rights.
In addition, part of the text provides for specific actions regarding the traceability of products purchased online.
The DSA text, as adopted in the IMCO Committee, also seeks to make large online platforms accountable for transparency regarding the use of algorithms for recommendation purposes or for prevention against the dissemination of harmful content.
In this respect, the actors concerned will have to carry out mandatory assessments to limit the risks of disseminating harmful content and will be obliged to report their data to the competent authorities.
Targeted advertising and SMEs
The issue of targeted advertising - on which some MEPs were calling for an outright ban - is also addressed in the report. Again, the text calls for transparency to clarify how data is used and monetised.
Mechanisms concerning compensation schemes are also provided for to enable users to seek redress in the event of non-compliance by online platforms covered by the scope of the DSA. A single point of contact will have to be determined by the platforms to simplify the connection of users with their services.
Finally, some changes have been made to exempt micro, small and medium-sized enterprises from the obligations of the text or to prohibit the use of deceptive techniques, such as ‘dark patterns’. Prohibiting these practices, which include tricking users into accepting data collection or staying longer on a service, was one of the Renew Europe group’s priorities.
While the outcome of the vote was welcomed by a number of MEPs, others, such as Patrick Breyer (Greens/EFA, Germany), expressed disappointment and have already announced that they will be tabling new amendments before the European Parliament vote at the next plenary session in January.
“From a civil liberties and digital rights perspective, the outcome of the negotiations is largely disappointing. Last year, the European Parliament made groundbreaking demands, but today it seems that there has only been a bark without a bite”, the German MEP regretted.
In the Council of the EU, Member States adopted a political agreement in principle (‘general approach) on the DSA last 25 November (see EUROPE 12840/10). Interinstitutional negotiations on this dossier should begin during the French Presidency of the EU Council, which will start in January.
“The EU Council wants to conclude this dossier quickly, speed is the main challenge”, summarised Ms Schaldemose, who believes that the issue of targeting and the control of algorithms could represent points of divergence. (Original version in French by Thomas Mangin)