Before the Digital Services Act (DSA)

With the DSA – applicable to all platforms from 17^th February

Combating the sale of illegal products and services

Requirements were few, fragmented and often dependent on individual platform policies.

• Platforms are required to cooperate with authorities to combat the sale of illegal products and services online, including the swift removal of these items and the implementation of measures to prevent their recurrence
• Implementation of rigorous seller identity verification systems in marketplaces (KYC), random checks and clear anti-counterfeiting policies.

Combating illegal content

Generally, platforms were not legally responsible for content published by third parties.

• Implementation of mechanisms which allow users to easily flag illegal content, such as hate speech and terrorism-related content
• Implementation of mechanisms which allow the swift and effective removal of such content
• Temporary suspension of users who frequently post manifestly illegal content.

Transparency

Little transparency about content moderation practices, recommendation algorithms and the use of user data by platforms.

• Platforms must provide clear and accessible information about their content moderation practices, recommendation algorithms, targeted advertising and use of user data
• Annual transparency reports are required for public disclosure.

Advertising

Fragmented and inconsistent rules regarding online advertising.

• Clearer and uniform requirements for online advertising, including clear identification of paid adverts and transparency on targeting criteria
• Platforms must implement policies to combat misleading advertising and harmful advertising practices
• Advertising aimed at children and the use of sensitive personal data for the purposes of targeted advertising (gender, sexual orientation, race, religion or political beliefs) are prohibited
• Misleading interfaces designed with the intention of deceiving users into, for example, subscribing to services without realising it are prohibited. 

International Cooperation

Cooperation was limited regarding cross-border digital challenges.

• Promotion of a wider cooperation between EU member states and their international partners
• Strengthening efforts to combat online terrorism, protect user privacy and strengthen cyber security at international level, including facilitating procedures for reporting and responding to cross-border incidents.