European Union: Council adopts adopts common position on draft Digital Services Act including transparency reporting requirements

Description

Council adopts adopts common position on draft Digital Services Act including transparency reporting requirements

On 25 November 2021, the European Council agreed on their position on the Digital Services Act, including transparency reporting requirements. Firstly, all online platforms will be required to publish specific information, such as who is paying for the advertisements that are displayed and who the advertising is targeting, as well as clearly identify them as such. Secondly, all online platforms will be required to provide transparency reports at least every six months, including the number of accounts suspended, content deleted, and the time it takes to do so. For intermediate services, just yearly reports are necessary. Thirdly, users must be able to see trader information on online platforms and very large platforms. They must also check the credentials of any third-party vendors. Finally, in their terms of service, all service providers must disclose information on any content limitations. With regards to very large online platforms (VLOPs), these transparency requirements will apply to them specifically: 1) VLOPs will be required to maintain validated ad databases, which will contain historical data on the content and targeting of advertising, as well as the overall number of receivers reached. Such records must be preserved for one year following the last time the ad is displayed.

Original source

Scope

Policy Area
Other operating conditions
Policy Instrument
Fair marketing and advertising practice requirement
Regulated Economic Activity
cross-cutting
Implementation Level
supranational
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2020-12-15
under deliberation

The European Commission submits the EU Digital Services Act proposal to the European Parliament and…

2021-11-25
under deliberation

On 25 November 2021, the European Council agreed on their position on the Digital Services Act, inc…

2022-01-20
under deliberation

On 20 January 2022, the European Parliament agreed on their position on the Digital Services Act, p…

2022-04-23
under deliberation

The Council of the EU, the European Parliament and the European Commission reached a provisional ag…

2022-07-05
under deliberation

On 5 July 2022, the European Parliament passed the regulation on a Single Market For Digital Servic…

2022-10-04
adopted

On 4 October 2022, the Council of the European Union gave final approval to the regulation on a Sin…

2022-11-16
in grace period

On 16 November 2022, the Regulation on a Single Market For Digital Services (Digital Services Act) …

2024-02-17
in force

On 17 February 2024, the Regulation of a Single Market for Digital Services (DSA) is implemented. U…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity infrastructure provider: cloud computing, storage and databases,infrastructure provider: internet and telecom services,infrastructure provider: other
Category All
2
Type Private organisation
Economic activity infrastructure provider: cloud computing, storage and databases,infrastructure provider: internet and telecom services,infrastructure provider: other
Category All
3
Type Private organisation
Economic activity platform intermediary: user-generated content,platform intermediary: other,platform intermediary: e-commerce,infrastructure provider: cloud computing, storage and databases
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
service (digitally delivered): sale
Regulatory tool
Duty to appoint compliance officer
Local representation requirement
Sanctions
Fine
Regulated subjects
1 2 3
service (digitally delivered): operate
Regulatory tool
Duty to appoint compliance officer
Local representation requirement
Sanctions
Fine
Regulated subjects
1 2 3
user content: any format: hosting (any form)
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
2
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
3
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2 3
advertisement (any targeting): hosting (any form)
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
2
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
3
personal data (all forms): data processing
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
2
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
3
all goods (physical or digital): hosting (any form)

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

service (digitally delivered): sale

service (digitally delivered): operate

user content: any format: hosting (any form)

advertisement (any targeting): hosting (any form)

personal data (all forms): data processing

all goods (physical or digital): hosting (any form)

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