The Digital Services Act (DSA) and the Digital Market Act (DMA) is a vast package of rules that applies through the whole European Union (EU). They pursue two main goals:

• To create a safer digital space in which the fundamental rights of all users of digital services are protected
• To establish a level playing field for businesses to foster innovation, growth, and competitiveness, both in the European Single Market and globally.

DSA contains rules that primarily concern online intermediaries and platforms such as online marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms. The specific norms for very large online platforms and search engines which have more than 45 million users per month in the EU must abide by the strictest obligations of the Act. 

The Digital Markets Act (DMA) includes rules that govern gatekeeper online platforms. Gatekeeper platforms are digital platforms that function as bottlenecks between businesses and consumers for important digital services. Some of these services are also covered in the Digital Services Act, but for different reasons and with different types of provisions.

The Digital Services Act was adopted on 19 October 2022 came into force on 16 November 2022. Most services were given 15 months to comply with its provisions (until 17 February 2024). The Digital Markets Act entered into force on 1 November 2022 and on 2 May 2023, most of the DMA provisions became applicable.

Under the Digital Services Act the European Commission has launched a Call for Evidence for guidelines on the protection of minors. The Commission uses Call for evidence to define the scope of a politically sensitive and/or important new law or policy, an evaluation of an existing law or policy, a fitness check of a bundle of related existing laws and/or policies.

In order that online platforms comply with the DSA’s requirements to provide a “high level of privacy, safety and security for minors”, to ensure a harmonised implementation of the rules in all EU countries, and to help supervision and enforcement of the new regime, the Commission will draft special guidelines. To that end, the Call for Evidence invites submissions on the Commission’s proposed approach to develop good practices that platforms should adopt, including considering factors such as content moderation systems, commercial practices, and systems for selecting and presenting advertising.

Input to the Call for Evidence will inform the Commission’s drafting of the guidelines on the protection of minors online, which will be opened to public consultation next year.

Links: https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package