On 9 November 2023, the Court of Justice of the European Union (CJEU) held that an EU Member State may not subject an information society service provider (ISSP) established in another EU Member State to general and abstract regulatory measures that deviate from measures of the Member State in which the ISSP is established (C‑376/22). In doing so, it declared the Austrian Communication Platforms Act and, by implication, many other national online platform regulations, inapplicable…
Today marks one month until the 17 February deadline for publishing EU user numbers (or Monthly Active Recipients (“MARs”)) under the Digital Services Act (“DSA”). This applies to online platforms of all sizes that host and disseminate user content, not just “VLOPs”, and the disclosure must be made on a public-facing part of the platform’s interface/website (following art 24(2) DSA). Calculating MARs can be a tricky and lengthy process, complicated by a distinct lack of…
This morning, the Digital Services Act (DSA) was published in the Official Journal of the European Union. This officially starts the countdown for service designation and the DSA’s application.
On 4 October the European Council officially approved the DSA. That means that the only thing left is for it to be published in the Official Journal, and a spokesperson said yesterday that is going to happen soon: “The DSA, a new online-content regulation, will be signed into EU law on 19 October, an EU spokeswoman has said…The signing ceremony will be held at the European Parliament in Strasbourg 19 October 2022. The DSA says…
El Parlamento Europeo aprobó el 5 de julio el articulado final del Reglamento de Servicios Digitales (DSA) y del Reglamento de Mercados Digitales (DMA). Estas normas regulan la posición jurídica de proveedores de servicios digitales de intermediación (p. e. plataformas como marketplace, motores de búsqueda, redes sociales, servicios de hosting, etc.) y, consecuentemente, afectan también a todos los demás players (usuarios y empresas de todos los tamaños) que interactúan a través de sus servicios.…
After being postponed twice, the European Commission (Commission) published its draft Digital Markets Act (DMA) on 15th December 2020, in revised form — the EU’s Regulatory Scrutiny Board having objected to earlier iterations. The DMA takes the form of a regulation as the Commission seeks to ensure maximum alignment among Member States. The proposed “Digital Services Act” (DSA ) was published on the same day. You can download and read our in-depth guide to the…
On 15 December 2020, the European Commission published its long awaited drafts of the “Digital Services Act” (DSA) and “Digital Markets Act” (DMA). In the run up to the drafts being released there was intense speculation about how far the Commission would go in trying to achieve its aims of “(making) sure that we, as users, have access to a wide choice of safe products and services online. And that businesses operating in Europe can…