Only in certain circumstances would platforms be held liable for third-party content, for instance, when failing to act after being alerted of illegal content (i.e., the “notice-and-action” approach). Within this regime, one important tenet of tech regulation remains the same, though: The liability exemptions for tech companies would still be in place under the DSA, and they would not be subject to a general monitoring obligation regarding user content. The European Commission bills it as a rebalancing “ of the rights and responsibilities of users, intermediary platforms, and public authorities,” all based on “European values.” The implicit promise: In contrast to national regulations that often focus only on defining rules for removing illegal content, the DSA aims to establish a new, comprehensive transparency and accountability regime for online platforms. The second piece of crucial tech regulation out of Brussels is the DSA. Primarily through national regulators, aided by newly proposed European Board for Digital Services (EBDS) as independent advisory groupįines of up to 10% of global turnover, structural separation in case of systematic non-complianceįines of up to 6% of global turnover in extreme cases: restriction of access to platforms Liability rules transparency reporting obligations due diligence obligationsĪt the EU level, through the Directorate-General for Communications Networks, Content and Technology Intermediaries (covering conduit providers, caching providers, hosting providers), online platforms special rules for “very large” online platforms with more than 45 million monthly active usersħ prohibited practices that harm competition, 11 practices that are problematic for competition and require further examination when gatekeepers engage in them

Alternatively, an investigation can determine applicability. “Gatekeeper” platforms with turnover of at least €6.5bn activities in at least 3 EU countries at least 45 million monthly active end users and 10,000 yearly active business users (both in the EU) having met these thresholds in the last three years.

To enable transparency, user safety, and platform accountability To enable competition by making it easier for new platforms to enter the market

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