European Commission announces large-scale platform subject to 'Digital Services Act', 19 cases including YouTube, Google, Twitter, Instagram, Facebook, TikTok, Wikipedia

The European Commission decided to introduce it with the aim of 'creating a safer digital space' and 'establishing a level playing field to promote innovation, growth and competition in both the European market and the world'. The first designations of the Digital Services Act (DSA), which entered into force on November 16, 2022, have been adopted. 19 large-scale online platforms and 2 large-scale search engines are designated.

DSA: Very Large Online Platforms and Search Engines

EU names 19 large tech platforms that must follow Europe's new Internet rules | Ars Technica

The following services have been announced by the European Commission:

◆Extremely large platform
・AliExpress
・Amazon
・App Store (Apple)
・Booking.com
・Facebook
・Google Play
・Google Maps
・Google Shopping
・Instagram
・LinkedIn
・Pinterest
・Snapchat
・TikTok
・Twitter
・Wikipedia
・YouTube
・Zalando

A very large search engine
・Bing
・Google search

Designated businesses will have four months to comply with new obligations under the DSA to protect online users. The details of the obligation are as follows.

◆ Enhanced user privileges
・Users have the right to obtain clear information as to why certain information is recommended and to opt out of profiling-based recommendation systems.
- Users will now be able to easily report illegal content, and platforms should handle such reports with care.
・Ads cannot be displayed based on sensitive user data (ethnicity, political opinion, sexual orientation, etc.).
- Platforms must label all ads and let users know who is promoting them.
Platforms must provide an easily understandable plain language summary of the Terms of Service in the language of the Member State in which they operate.

◆Strong protection for minors
・Platforms should redesign their systems to ensure a high degree of privacy, security, and safety for minors.
- Targeted advertising based on child profiling is no longer allowed.
A special risk assessment, including adverse mental health effects, must be provided to the Commission four months after designation and published at the latest one year later.
・In order to mitigate these risks, the platform needs to redesign its interface, recommendation system, terms of use, etc.

◆ More enthusiastic moderation and less misinformation
・Platforms and search engines need to take steps to address the risks of spreading illegal content online and negatively impacting freedom of expression and freedom of the press.
・The platform must have clear terms of use that must be conscientiously and non-arbitrarily enforced.
The platform should have a mechanism for users to flag illegal content and promptly respond to notifications.
・Platforms should analyze specific risks and take mitigation measures to combat the spread of disinformation and abuse of services.

◆ Improving transparency and strengthening accountability
The platform must ensure that its risk assessment and compliance with all DSA obligations are independently audited externally.
• Researchers should be provided with access to publicly available data. In the future, a special mechanism will be established for researchers who pass the screening.
- Platforms must publish a repository of all ads served on their interface.
- Platforms should publish transparency reports on content moderation decisions and risk management.