Digital Services Act of the European Union

Context- The European Commission has recently informed that the Digital Services Act (DSA) has started applying to all online platforms in the European Union.

About Digital Services Act

• It is a landmark regulation brought by the European Union (EU) to regulate online intermediaries and platforms.
  • It was adopted in 2022 and now relevant to all EU Member States.
• It targets to create a safer and more open digital space, wherein the rights of users are protected and organizations can freely and fairly compete.
• It is designed to make certain that users have access to a wide variety of secure services and products online.
• It aims to prevent illegal and harmful activities online and curb the spread of disinformation. It seeks to protect consumer protection, essential rights, and create an honest and open online platform.
• Features: Organisations for which the DSA applies are required to:
  • provide extra transparency on their services;
  • adopt processes for handling take down notices, informing users in certain circumstances and addressing complaints;
  • refrain from certain practices, such as profiling, and/or improve control for users of their service.

Impacts

• On Big Tech Firms: It seeks to adjust how large tech groups like Google, Facebook, and Amazon target commercials and calls for them to take extra duty for handling illegal content and dangerous products on their platforms.
  • Non-compliance with the new policies could result in hefty fines.
• It protects minors, consisting of a complete ban on targeting minors with commercials based on profiling or on their personal data.
• It empowers customers with information about commercials together with why the ads are being shown to them and on who paid for the commercial.
• It prohibits classified ads that target customers based on touchy information, which include political or spiritual beliefs, sexual preferences, etc.

India and Digital Services Act

• DSA is commonly centered on the EU, its concepts and guidelines ought to affect digital regulations worldwide, including in India.
  • It validates and affects India’s technique to regulate massive tech and online platforms.
• The DSA emphasis on on-line safety, accept as true with, and responsibility resonates with the principles of India’s proposed Digital India Act, 2023 which targets to deal with the demanding situations and opportunities presented by means of the dynamic boom of the internet and emerging technology.

Concerns and Challenges Associated with the Act

• Intermediary Liability Exemptions: The DSA prevents non-public organizations from figuring out the interpretation of legal provisions, hence avoiding the definition of limits to freedom of expression.
• User Rights and Obligations: The DSA carries new rights for users and duties for carrier carriers in terms and situations, transparency requirements, statements of reasons in cases of content material removals, complaint coping with systems, and out-of-court dispute settlements.
• Enforcement Challenges: As the DSA comes into force, there continue to be challenges in ensuring compliance from large on-line systems and engines like google.
• Governance Challenges: The EU Commission points out three fundamental issues relating to the governance of digital services:
  • The growing publicity to unlawful and dangerous activities online;
  • The loss of cooperation between country wide government, and
  • The risks of legal fragmentation as a consequence of country wide initiatives that create new limitations in the internal market.

Conclusion

• The DSA represents a widespread step forward in the regulation of digital space. By creating a more secure and greater open digital surroundings, the DSA not best protects users however additionally promotes opposition and innovation.
• As the digital world keeps adapting, the DSA will surely play a crucial function in shaping its future.

Source: The Hindu

Practice Questions:

Q.What is the EU’s new Digital Services Act and how will it impact non-EU regions? (150 words)

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