News Update IT

On 17 February 2024 the Digital Services Act (or: DSA) will become fully applicable in the European Union. The DSA sets out rules for the provision of various online intermediary services.

It aims to ensure a safe online environment, protect users' fundamental rights and create a level playing field for businesses. This update is part of a series of News Updates and provides an overview of the latest developments regarding the DSA.

• ACM's draft DSA guidance: The Authority for Consumers and Markets (ACM) published draft guidance on 18 January 2024. It provides information to intermediary services subject to the DSA about the rules that apply to them. At the request of the ACM, market participants have up to and including 16 February 2024 to comment on its content.
  
  

• Designation of VLOPs & VLOSEs: On 5 February 2024, the list of designated intermediary services that qualify as Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) was published in the Official Journal of the European Union. The list now includes 22 services with more than 45 million monthly users in the European Union, such as app stores, social media services and adult websites. These very big players in the online world will be subject to comprehensive rules. 
  
  

• Advisory Division Council of State opinion on the implementing law: The Dutch legislator published a draft bill for implementing the Digital Services Act in the Netherlands last summer (Uitvoeringswet digitaledienstenverordening). The bill designates the ACM and the Dutch Data Protection Authority (AP) as the supervisory authorities for compliance with the DSA. In addition, the ACM is appointed as the Digital Services Coordinator (DSC) under the DSA. The Advisory Division of the State Council published its opinion on the draft on 12 February 2024. In summary, the Division advises the legislature to clarify the concept of "illegal content" in the Explanatory Memorandum, clarifying the role of the ACM and expanding its enforcement powers. In addition, the Division advises on how the ACM must account for its actions. 
  
  

• Appointment of the ACM as (provisional) Digital Services Coordinator: In anticipation of the above-mentioned draft bill, on 13 February the Minister of Economic Affairs and Climate published the decree on the provisional designation of the ACM as DSC. The designation is limited to a number of acts pertaining to the DSA, such as acting as a contact point for representatives of certain intermediary services and as a contact point for the DSCs of other Member States and the European Commission. Supervisory, enforcement or certification authority for the ACM requires the entry into force of the proposed bill (Uitvoeringswet digitaledienstenverordening).

For any questions about the DSA, please contact Jurre Reus or Thomas de Weerd.