European Union: EU Commission, Council and Parliament reach a political agreement on Digital Services Act containing a transparency reporting requirement

Description

EU Commission, Council and Parliament reach a political agreement on Digital Services Act containing a transparency reporting requirement

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. Firstly, all online platforms will be required to publish specific information, such as who is paying for the advertisements displayed and who is subject to targeting. Secondly, 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. The intermediate services will be required to submit yearly reports. Thirdly, users would be able to see trader information on online platforms and very large platforms. Furthermore, the online platforms must also check the credentials of any third-party vendors. Concerning very large online platforms, they will have to follow additional transparency requirements, including maintaining validated advertising databases, which will contain historical data on the content and targeted 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. In addition, the Act introduces a prohibition of "dark patterns". This means that online intermediary services are prohibited from nudging users and distorting their choices or decision-making autonomy via the structure, design or functionalities of an online interface. The agreement is now subject to approval by the European Council and the European Parliament.

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 platform intermediary: e-commerce,platform intermediary: other,platform intermediary: user-generated content
Category All
2
Type Private organisation
Economic activity online advertising provider
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
advertisement (any targeting): hosting (any form)
Regulatory tool
User or public reporting requirement
User or public algorithm description requirement
Other content tool
Purpose/processing limitation
Content labelling requirement
Sanctions
Regulated subjects
1 2
Regulatory tool
TBR - Prohibition
Sanctions
Regulated subjects
1
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
personal data: genetic: data processing
Regulatory tool
Other content tool
Purpose/processing limitation
Sanctions
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
personal data: biometric: data processing
Regulatory tool
User or public reporting requirement
Other content tool
Purpose/processing limitation
Sanctions
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
personal data: health: data processing
Regulatory tool
User or public reporting requirement
Other content tool
Purpose/processing limitation
Sanctions
Regulated subjects
1 2
personal data: sexual orientation: data processing
Regulatory tool
User or public reporting requirement
Other content tool
Purpose/processing limitation
User identification requirement
Sanctions
Regulated subjects
1 2
Regulatory tool
Customer age limit
TBR - Prohibition
Sanctions
Regulated subjects
1
personal data: political orientation: data processing
Regulatory tool
Other content tool
Purpose/processing limitation
User identification requirement
Sanctions
Regulated subjects
1 2
Regulatory tool
Customer age limit
TBR - Prohibition
Sanctions
Regulated subjects
1
personal data: ethnicity: data processing
personal data: information pertaining to minors: data collection
personal data: information pertaining to minors: data processing

Policy change by business practice

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

advertisement (any targeting): hosting (any form)

personal data: genetic: data processing

personal data: biometric: data processing

personal data: health: data processing

personal data: sexual orientation: data processing

personal data: political orientation: data processing

personal data: ethnicity: data processing

personal data: information pertaining to minors: data collection

personal data: information pertaining to minors: data processing

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