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  Key online safety measures and status
 

Key online safety measures

Status

Additional commentary regarding status

Regulation (EU) 2022/2065 on a Single Market for Digital Services – the Digital Services Act (DSA)

Law

Came into force on 16 November 2022, marking one of the European Union's most significant updates to its legal framework for digital regulation since the adoption of the e-Commerce Directive in 2000. 

Regulation (EU) 2021/784 on dissemination of terrorist content online

Law

Entered into force on 7 June 2021 and began to apply from 7 June 2022.


  Key concepts

   Scope of online safety measure(s)

Online intermediary services, essentially services that connect consumers with goods, services and content.  This includes online platforms, such as marketplaces, social networks, app stores, search engines, etc. as well as conduit services and caching services.


   Online harms addressed

Dissemination of illegal content, harm to minors, disinformation, cyber violence, lack of transparency including regarding recommender systems and advertising, targeted advertising based on sensitive personal data. 


   Territorial scope

The Regulations apply to relevant online services offered to recipients that are located or established in the EU, regardless of whether the service provider has a physical EU presence.


   Penalties and enforcement

The Regulations are enforced by national authorities of EU Member States and the European Commission. Enforcement powers include: information requests and inspections, content removal orders, remedies, financial penalties of up to 6% annual worldwide turnover.



  Key takeaways
 

Application of the regulations to service providers with no physical presence in EU.

Different obligations apply to different categories of online intermediary services

Most stringent requirements apply to designated Very Large Online Platforms (VLOPs) and Very Large Search Engines (VLOSEs)

Potential for significant enforcement action/fines


Key contacts

Dr Morris Schonberg photo

Dr Morris Schonberg

Partner, Brussels

Dr Morris Schonberg
Peter Rowland photo

Peter Rowland

Of Counsel, Brussels

Peter Rowland
Nika Nonveiller photo

Nika Nonveiller

Associate, Brussels

Nika Nonveiller
Kian O'Connell photo

Kian O'Connell

Associate, Brussels

Kian O'Connell

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TMT Disputes Technology, Media and Entertainment, and Telecommunications Technology, Media and Telecoms Dr Morris Schonberg Peter Rowland Nika Nonveiller Kian O'Connell