The Digital Services Act (DSA) was passed in the EU Parliament in November 2022 and, together with the Digital Markets Act (DMA), is intended to set the standards for a safer and more open digital space for users and a level playing field for companies within the EU in the coming years. As of 25 August, the provisions of the DSA will now apply to 19 very large online platforms and search engines with over 45 million users.
eco Chair of the Board Oliver Süme has this to say:
“Internet service providers are already combatting illegal content on their platforms out of their own interest. As a regulation updating the e-Commerce Directive from 2000, we expect that the DSA will also create more clarity for companies and lead to greater legal certainty. However, it is likely that the objectives of the DSA could have been achieved with less effort and reduced burden on small and medium-sized enterprises.”
While the provisions of the DSA for these very large online platforms and search engines will now be enforced directly by the EU Commission, the rules for all other, smaller services will not apply until 17 February 2024, by which time the appropriate arrangements must also be made at national level. In Germany, this will be done with the German Digital Services Act (Digitale Dienste Gesetz), which is currently available as a draft bill and is expected to come into force by the deadline.
“The German Digital Services Act follows stringent legislation, which adopts the European requirements of the DSA and defines a clear responsibility of the German Federal Network Agency (BNetzA). We consider it absolutely appropriate that, in the scope of the legislative process, the German Telemedia Act (TMG) has been integrated and the Network Enforcement Act has been repealed. This has made the German Digital Services Act much more homogeneous and clearer in its terminology. The German federal government has thus created a basis for establishing more uniform rules and European framework conditions for the Digital Single Market.”
eco has published a German-language position paper regarding the draft bill of the German Ministry for Digital Transport for the implementation of the Digital Services Act regulation.
