No matter whether you are shopping online or searching for the latest news: Digital services must be trustworthy and legal. There is a uniform legal framework for this throughout Europe, known as the Digital Services Act (DSA). In Germany, the Digital Services Act adopted by the cabinet on 20 December 2023 is intended to regulate this. The German Bundestag approved the law on 21 March and it was passed by the German Federal Council (Bundesrat) today. As the leading industry association, eco – Association of the Internet Industry advocates for clear framework conditions that form the basis for a coherent internal market for digital services and ensure legal certainty for companies and consumers. However, eco critically assesses the fact that the legislative authority is still clinging to the blocking of Internet content contained in the German Telemedia Act (TMG).
Oliver Süme, eco Chair of the Board, emphasises: “The German DSA is an important step for companies and consumers, but by retaining the blocking of Internet content, the legislative authority is once again missing the opportunity to send a clear signal.” He argues that blocking of Internet content is ineffective and only makes access more difficult, while the “Notice and Take Down” procedure has proven to be a more efficient solution.
Süme continues: “Blocking of Internet content is never a viable or efficient means of combatting illegal content on the Internet. In contrast to removing illegal content at the hosting level, blocking of Internet content only leads to restricted access – and, as the name suggests, this can be circumvented at any time.” The “Notice and Take Down” procedure, which has now proven itself as a standard procedure and represents a solid legal basis for enforcing the law on the Internet, stands in contrast to this. Under this procedure, providers of online services are obliged to remove illegal content as soon as they become aware of it.
