On Thursday 20 January, MEPs adopted - with 530 votes in favour, 78 against and 80 abstentions - the text tabled by Christel Schaldemose (S&D, Denmark) on the Digital Services Act (DSA) (see EUROPE 12872/3).
“It is our duty to ensure that what is illegal offline is also illegal online. We need to ensure that digital rules are put in place for the benefit of consumers and citizens. We can now start negotiations with the EU Council”, said Schaldemose.
While the text maintains, among other things, its objectives regarding the notification and removal of illegal online content and retains the obligations and responsibilities of the major digital platforms, several changes were made following the vote on the amendments.
Thus, the final agreed text now provides for more transparency in the area of targeted advertising, with information on how user information is monetised.
The version of the report adopted by the European Parliament also stresses, under the heading of tracking-based advertising, that the refusal of consent “should not be more complicated than giving it”. The report says that options based on no-tracking advertising will have to be offered to users who have refused or withdrawn their consent.
Also in the area of advertising, targeting or amplification techniques involving the data of minors for the purpose of displaying advertisements will be prohibited. This will also apply to data that allow vulnerable groups to be targeted.
The possibility of banning ‘dark patterns’, which are designed to trick users into accepting data collection or staying longer on a service, has been introduced.
Finally, in addition to facilitating possible remedies against platforms that do not comply with the rules, the text introduces an obligation for very large platforms to provide at least one content recommendation system that is not based on profiling. (Original version in French by Thomas Mangin)