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European Union: Council adopts Digital Services Act containing content monitoring and flagging mechanism requirements

Policy overview

Description

Council adopts Digital Services Act containing content monitoring and flagging mechanism requirements

On 4 October 2022, the Council of the European Union gave final approval to the regulation on a Single Market For Digital Services (Digital Services Act). The adopted text states that all online platforms that provide hosting services, except for sm…

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
supranational
Government Branch
legislature
Government Body
parliament

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 Council reached an agreement on its position on the proposed Digital Servi…

2022-01-20
under deliberation

On 20 January 2022, the European Parliament reached an agreement on its position on the proposed Di…

2022-04-23
under deliberation

On 23 April 2022, the Council of the EU, the European Parliament and the European Commission reache…

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. T…

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: internet and telecom services,infrastructure provider: other
Category All
2
Type Private organisation
Economic activity infrastructure provider: network hardware and equipment,infrastructure provider: other
Category All
3
Type Private organisation
Economic activity infrastructure provider: cloud computing, storage and databases
Category All
4
Type Private organisation
Economic activity infrastructure provider: cloud computing, storage and databases,infrastructure provider: internet and telecom services,infrastructure provider: network hardware and equipment,infrastructure provider: other
Category All
5
Type Private organisation
Economic activity platform intermediary: e-commerce,platform intermediary: other,platform intermediary: user-generated content
Category All
6
Type Private organisation
Economic activity platform intermediary: user-generated content,platform intermediary: other,platform intermediary: e-commerce
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
content: illegal speech: hosting (any form)
Regulatory tool
Takedown requirement
Regulator reporting requirement
User notification requirement
Regulator cooperation requirements
Redressal mechanism requirement
Designation of responsible employee
Local representation requirement
Sanctions
Regulated subjects
1 2 3
Regulatory tool
User or public algorithm description requirement
Sanctions
Regulated subjects
1 2 3 5
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
4 5
Regulatory tool
Content flagging mechanism requirement
Complaint mechanism requirement
User notification requirement
Redressal mechanism requirement
Private right of action
Sanctions
Regulated subjects
5 6
Regulatory tool
Content labelling requirement
User or public reporting requirement
User or public algorithm description requirement
Sanctions
Regulated subjects
5
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2 3 4 5 6
content: illegal speech: transmission
Regulatory tool
Takedown requirement
Regulator reporting requirement
User notification requirement
Regulator cooperation requirements
Redressal mechanism requirement
Designation of responsible employee
Local representation requirement
Sanctions
Regulated subjects
1 2 3
Regulatory tool
User or public algorithm description requirement
Sanctions
Regulated subjects
1 2 3 5
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
4 5
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2 3 4 5 6
data (any form): storage (any form)
Regulatory tool
Regulator reporting requirement
Designation of responsible employee
Local representation requirement
Sanctions
Regulated subjects
1 2 3
Regulatory tool
User or public algorithm description requirement
Sanctions
Regulated subjects
1 2 3 5
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2 3 4 5 6
user content: any format: hosting (any form)
Regulatory tool
Content takedown prohibition
Sanctions
Regulated subjects
1 2 3 5
Regulatory tool
Complaint mechanism requirement
User notification requirement
Redressal mechanism requirement
Private right of action
Sanctions
Regulated subjects
5 6
Regulatory tool
User or public reporting requirement
User or public algorithm description requirement
Sanctions
Regulated subjects
5
Regulatory tool
User account suspension or termination limitations
Sanctions
Fine
Regulated subjects
1 2 3 4 5 6

Policy change by business practice

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

content: illegal speech: hosting (any form)

content: illegal speech: transmission

data (any form): storage (any form)

user content: any format: hosting (any form)