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European Union: Council adopts Digital Services Act containing a dark pattern prohibition

Policy overview

Description

Council adopts Digital Services Act containing a dark pattern prohibition

On 4 October 2022, the Council of the European Union gave final approval to the regulation on a Single Market For Digital Services (DSA). The DSA aims to protect consumers against illicit content or services and protect their basic rights online. Th…

Scope

Policy Area
Design and testing standards
Policy Instrument
Design requirement
Regulated Economic Activity
cross-cutting
Implementation Level
supranational
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

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2020-12-15
under deliberation

On 15 December 2020, the European Commission submits the EU Digital Services Act proposal to the Eu…

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. 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 platform intermediary: e-commerce,platform intermediary: other,platform intermediary: user-generated content
Category All
2
Type Private organisation
Economic activity platform intermediary: e-commerce,platform intermediary: other,platform intermediary: user-generated content
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
TBR - Modification of algorithms
Interface design requirement (including dark patterns)
Sanctions
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
algorithm: ML/AI optimisation algorithm incl. matching, ranking, sorting: operate
Regulatory tool
TBR - Modification of algorithms
Interface design requirement (including dark patterns)
Sanctions
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
algorithm (any type): operate
Regulatory tool
TBR - Modification of algorithms
Interface design requirement (including dark patterns)
Sanctions
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2

Policy change by business practice

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

advertisement (any targeting): hosting (any form)

algorithm: ML/AI optimisation algorithm incl. matching, ranking, sorting: operate

algorithm (any type): operate