Another step towards the Digital Services Act (DSA) has been taken: Following the Committee of Permanent Representatives of the EU Member States (COREPER), the Parliament’s Internal Market Committee (IMCO) has now also endorsed the DSA.
Prior to this endorsement, the EU Council had retracted far-reaching amendments to Recital 28 on the “stay down” obligation, an issue which also came under criticism from eco. This refers to the prohibition of the “general monitoring obligation”, concerning obligations for intermediaries to check content for known infringements and to remove such content if applicable. National authorities are now allowed to order specific monitoring, but only in accordance with Union law as expressed by the European Court of Justice.
The final endorsement by the EU Council and the plenary is still pending. However, it can be assumed that this is merely a formality. From the perspective of the Association of the Internet Industry, the DSA is an important milestone. Meanwhile, the various stakeholders – in particular the Commission and the Digital Services Coordinators – need to proceed sensitively to ensure that SMEs in Europe have fair opportunities in the Digital Single Market and worldwide.
Furthermore, the eco Association regrets that the legislator has not opted for a purely horizontal approach and takes a critical view of the situation surrounding trusted flaggers and filters.
