European Union: Council and Parliament reach a political agreement on Digital Services Act containing a content monitoring and flagging mechanism requirement

On 23 April 2022, the Council of the EU, the European Parliament and the European Commission reached a provisional agreement on the proposed Digital Services Act (DSA). The proposed DSA's major goal is to protect consumers against illicit content or services while still protecting their basic rights online. In this context, the legislation proposes that all online platforms that provide hosting services (with the exception of small and micro enterprises) must set up a notification mechanism for users to report unlawful content (platforms that have less than 45 million monthly users in the EU shall handle complaints within ten days from the reception) and provide a justification for removing or disabling access to specific content. Moreover, organisations with particular expertise can be nominated as "trusted flaggers" by the "Digital Services Coordinators" appointed by member states. The online platforms shall prioritise the complaints brought by such trusted flaggers. The agreement is now subject to approval by the European Council and the European Parliament.