During the night between 22 and 23 April, the EU Commission approved the Digital Services Act, a set of rules established for the first time, which the large Big Tech - online platform operators - (the list of which is still to be defined but will presumably include Google, Apple, Meta, Amazon, Microsoft, e-Bay) will have to comply with in order to guarantee greater protection for Internet users by combating illegal online services and content.

As European Commission President Ursula von der Leyen underlined, this is a historic agreement: "Our new rules will protect online users, guarantee freedom of expression and opportunities for businesses. What is illegal offline should be illegal online. The larger the sizes, the greater the responsibility of online platforms".

Among the main changes:

  • Specific provisions on “targeted advertising” based on user profiling (“targeting”);
  • Prohibition of using misleading techniques to manipulate or influence users' choices (“dark patterns”);
  • Obligation to promptly remove illegal content and, conversely, the possibility for the user to contest indiscriminate removals and censorship decided by the platform;
  • Obligation of prior verification of the identity of suppliers for online sales sites.

In case of serious and repeated violations, the European Commission may impose sanctions of up to 6% of the annual turnover of the companies concerned, or even impose a ban on operating in the single EU market.

The Digital Services Act, aimed at all entities providing digital services at European level (network infrastructures, hosting services, great search engines, large online platforms, platforms that bring together sellers and consumers) projects Europe towards leadership in the regulation of the Internet in the round.

Following the formal approval of the agreement, the Digital Services Act will be directly applicable throughout the European Union in the 15 months following its entry into force or from 1st January 2024. The desirable effective application of the Digital Services Act rules can certainly lead to the achievement of the ambitious goal of ensuring a safe and responsible online environment.

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