EU Defends Digital Services Act Amid Policy Shifts
The European Commission has defended its Digital Services Act (DSA) against criticism from the US, reinforcing its stance on content moderation and platform accountability. Internally, Commission staff have reportedly begun using auto-deleting messages on the Signal app, signaling a heightened focus on data retention and privacy within EU institutions.
- The Digital Services Act (DSA) became fully applicable across the EU on February 17, 2024, updating the legal framework for the first time since the e-Commerce Directive of 2000. It introduces a unified set of rules for all digital intermediary services operating within the EU, regardless of where they are established. - For users, the DSA mandates greater transparency, requiring platforms to clearly explain how their content recommender systems work and to offer at least one option not based on profiling. It also requires clear labeling of all advertisements and information on who is behind them. - Platforms with over 45 million monthly active users in the EU are designated "Very Large Online Platforms" (VLOPs) and face stricter obligations. These include conducting annual risk assessments on the spread of illegal content, negative effects on fundamental rights, and gender-based violence. - The regulation grants users new rights, including a straightforward mechanism to flag illegal content and the ability to appeal content moderation decisions. If a platform removes a user's content, it must provide a clear explanation for its decision. - Criticism from the US has been specific, with a 2025 report from the House Judiciary Committee titled "The Foreign Censorship Threat" arguing the DSA compels global censorship and infringes on American free speech. This has led to diplomatic friction, including the US imposing visa bans on some EU figures involved with the law's creation and enforcement. - The European Commission's internal recommendation for staff to use Signal with disappearing messages is aimed at reducing the risk of data leaks. This move contrasts with a separate, highly debated EU proposal known as "chat control," which would require scanning encrypted messages for illegal content and has led Signal's president to state the service would leave the EU market rather than compromise its encryption. - Non-compliance with the DSA carries significant financial penalties, with VLOPs facing potential fines of up to 6% of their global annual turnover. The European Commission has already opened formal proceedings against platforms including TikTok, X (formerly Twitter), and Meta to assess their compliance with DSA obligations concerning the protection of minors and risk management. - A key provision for the persona's field is Article 40 of the DSA, which grants vetted researchers access to data from very large online platforms. This is intended to allow the academic and scientific communities to conduct research on the evolution of systemic online risks.
