The
text approved today by Parliament with 530 votes to 78, with 80
abstentions, will be used as the mandate to negotiate with the French
presidency of the Council, representing member states.
After the vote, Christel Schaldemose
(S&D, DK), who is leading the Parliament’s negotiating team, said:
“Today’s vote shows MEPs and EU citizens want an ambitious digital
regulation fit for the future. Much has changed in the 20 years since we
adopted the e-commerce directive. Online platforms have become
increasingly important in our daily life, bringing new opportunities,
but also new risks. It is our duty to make sure that what is illegal
offline is illegal online. We need to ensure that we put in place
digital rules to the benefit of consumers and citizens. Now we can enter
into negotiations with the Council, and I believe we will be able to
deliver on these issues”.
Removing illegal content and preventing the spread of disinformation
The Digital Services Act (DSA) proposal
defines clear responsibilities and accountability for providers of
intermediary services, and in particular online platforms, such as
social media and marketplaces.
The DSA establishes a “notice and
action” mechanism, as well as safeguards, for the removal of illegal
products, services or content online. Providers of hosting services
should act on receipt of such a notice “without undue delay, taking into
account the type of illegal content that is being notified and the
urgency of taking action”. MEPs also included stronger safeguards to
ensure notices are processed in a non-arbitrary and non-discriminatory
manner and with respect for fundamental rights, including the freedom of
expression.
Online marketplaces must ensure that
consumers can purchase safe products online, MEPs say, strengthening the
obligation to trace traders (the “Know Your Business Customer”
principle).
Additional obligations for very large platforms
Very large online platforms (VLOPs) will
be subject to specific obligations due to the particular risks they
pose regarding the dissemination of both illegal and harmful content.
The DSA would help to tackle harmful content (which might not be
illegal) and the spread of disinformation by including provisions on
mandatory risk assessments, risk mitigation measures, independent audits
and the transparency of so-called “recommender systems” (algorithms
that determine what users see).
Other key points
Parliament introduced several changes to the Commission proposal, including on:
- exempting micro and small enterprises from certain DSA obligations;
- targeted advertising: the text provides for more transparent and
informed choice for the recipients of digital services, including
information on how their data will be monetised. Refusing consent shall
be no more difficult or time-consuming to the recipient than giving
consent. If their consent is refused or withdrawn, recipients shall be
given other options to access the online platform, including “options
based on tracking-free advertising”;
- targeting or amplification techniques involving the data of minors
for the purpose of displaying ads will be prohibited, as well as
targeting individuals on the basis of special categories of data which
allow for targeting vulnerable groups;
- compensation: recipients of digital services and organisations
representing them must be able to seek redress for any damages resulting
from platforms not respecting their due diligence obligations;
- online platforms should be prohibited from using deceiving or
nudging techniques to influence users’ behaviour through “dark
patterns”;
- more choice on algorithm-based ranking: VLOPs should provide at least one recommender system that is not based on profiling.
Further amendments approved in plenary
relate to the need for providers to respect in their terms and
conditions the freedom of expression and freedom and pluralism of the
media, as well as a new provision on the right to use and pay for
digital services anonymously (the voting list is available here and all amendments tabled to plenary here).