On June 27th, 2023, the inaugural Digital Services Act (DSA) Stakeholder event took place, bringing together a diverse range of participants interested in shaping the future of Europe’s digital services. Workshops covering various topics, such as online marketplaces’ safety and use of data science in the enforcement of the DSA, provided valuable insights on how platforms can prepare for the regulation.
Our own CEO, Louis-Victor de Franssu explained how the vast amount of data produced in the context of DSA compliance can facilitate a new era of data driven decision making on all sides. In addition, Tremau’s team participated in the workshops throughout the day and gathered the most important insights to share with you.
Key Takeaways
High expectations for risk assessments:
- Regulators and civil society emphasised that the DSA’s systemic risk assessments need to be data-driven and not solely rely on aggregate statistics. Marginalized groups are often most at risk and may not be represented in aggregates.
- The DSA explicitly refers to the UNGP for businesses, and other human rights impact assessments that have been conducted on online platformsAn online platform refers to a digital service that enables interactions between two or more sets of users who are distinct but interdependent and use the service to communicate via the internet. The phrase "online platform" is a broad term used to refer to various internet services such as marketplaces, search engines, social media, etc. In the DSA, online platforms... More. Companies should refer to existing best practices for inspiration in building its own risk assessmentIt refers to the process of identifying, analyzing, and evaluating the severity and probability of risks and threats associated with business or product development, deployment, and maintenance. In the context of the DSA, very large online platforms are required to annually assess the systemic risks stemming from the design, functioning or use of the platforms, including any actual or foreseeable... More methodologies – one example includes the risk-scenario based approach for auditing recommender systems.
Interpreting the online marketplacesPlatforms where businesses and/or consumers can buy and sell goods and services online. An online marketplace can be between businesses, between consumers, or from businesses to consumers. In the DSA online marketplaces are understood as a digital service that facilitates transactions between consumers and sellers by providing an interface for the presentation of goods or services offered by those sellers.... More obligations
- Some DSA provisions related to online marketplaces are subject to interpretation, and the devil is in the details of the implementation. It is important to remember that these provisions apply beyond “traditional” online marketplaces, like Amazon and eBay, to any intermediary that facilitates trade, such as a sale facilitated through Instagram shopping.
- Interplay between the DSA and other laws will be tricky: for example, marketplaces are also expected to collect trader data during the entire time that they provide services, and it is not clear how this squares with the GDPR’s data minimisation principle.
Don’t forget that intellectual propertyInventions, literary or artistic work, designs, names, etc., are considered intellectual property and are protected by law through patents, copyright, and trademarks. This system allows people to earn from what they have created as well as protects their intellectual property from being stolen. More is covered by the DSA
- IP infringement content qualifies as illegal content under the DSA and is therefore subject to the limited liability rules, but also the due-diligence obligations and for VLOPs, part of the risk assessment.
- Importance of notice and actionNotice-and-action is a mechanism that allows users to notify or flag illegal content to an online service. Under the DSA, notice and action mechanisms are mandatory for all hosting service providers and they must be easy to access and user-friendly. More procedures was emphasised in this context: Platforms need to assess the effectiveness of their notice and action procedures specifically for IP infringements. It was suggested that online marketplaces should identify repeat infringers, app stores should introduce mechanisms to mitigate IP infringement, and search engines should minimize access to illegal content.
Show me your data (access):
- Company data today is structured for commercial, advertising purposes, not for research purposes. The diversity of data needs among different researchers cannot be underestimated. A challenge will be to boil these needs down to something tangible for companies to respond to.
- Under Article 40 of the DSA, Digital Services Coordinators (DSCs) will be the ones requesting data from VLOPs. However, it was noted that they may require assistance in prioritizing data types and development of effective ways to access the content. Consequently, the concept of establishing an independent intermediary body is being considered to address these gaps.
Decoding DSA’s (ambiguous) obligation to protect children:
- Civil society and regulators spoke about expectations for online platforms to involve both children and their parents in the assessment process to gauge their sense of online safety. Asking them directly was regarded as the most reliable way to determine their perception of their experience.
- Safety by designThe principle of incorporating safety considerations into the processes, governance architecture, design, and functionality of online spaces to protect those most at risk. More of services and exploration of different subscription models and functionalities which have child safety in the centre was emphasised as key in protecting young users.
The role of data science in the enforcement of the DSA:
- There was an agreement that the DSA will be generating an unprecedented amount of data from companies, and that it is essential that all parties make use of this transparency to build a data-driven understanding of the ecosystem.
- Regulators are investing heavily in data scientists and domain experts to make sense of the vast amount of information the DSA will produce so as to ensure effective enforcement.
The key takeaways range from the need for data-driven risk assessments, careful interpretation of online marketplace obligations, and consideration of intellectual property infringement under the DSA, to taking into account the crucial role of data science in enforcing the DSA. A unanimous and important conclusion reached during the event, which garnered agreement from all stakeholders, was the utmost significance of adopting a “compliance by design” approach to ensure a safe online environment.
How Can Tremau Help You
In the rapidly evolving digital landscape, Tremau provides tailored solutions to assist companies in achieving compliance with the DSA and navigating its complex framework. With our expertise in digital services and regulatory compliance, coupled with our content moderationReviewing user-generated content to ensure that it complies with a platform’s T&C as well as with legal guidelines. See also: Content Moderator More platform, we offer comprehensive support to meet the unique needs of online platforms.
Our platform, designed with compliance in mind, serves as a seamless pathway for meeting DSA requirements. Backed by a team of regulatory experts, Tremau simplifies your transition to global compliance obligations, ensuring the safeguarding of your users, optimizing content moderation efficiency, and enhancing your organization’s reputation.
DSA compliance is not only about regulatory fulfilment. It plays a crucial role in protecting your platform’s users, optimizing content moderation efficiency, and enhancing your organization’s reputation. Embrace the future of digital services with Tremau, where safety, efficiency, and compliance converge seamlessly.
