ACM calls on online businesses to check carefully what new DSA rules they must comply with

On 17 February 2024, new rules for providers of online services will come into effect. Starting that date, such providers must comply with the Digital Services Act (DSA), which is the European regulation that seeks to ensure a safe, predictable, and trustworthy online environment. For example, online providers will have to combat illegal content and disinformation, protect minors, and improve transparency. As regulator-designate, the Netherlands Authority for Consumers and Markets (ACM) calls on online businesses to check carefully whether they comply with all of the rules that apply to them (or that may apply to them).

Cateautje Hijmans van den Bergh, Member of the Board of ACM, explains: “Businesses that offer online services must comply with the DSA. This is not just their statutory duty, but also a societal duty. Compliance with the DSA means giving online users confidence that they are taken seriously, and adds to the legitimacy of digital services for our society and economy. Our online world will not suddenly change overnight, but, equipped with the DSA, we are able to minimize the risks of illegal and unfair practices so that we can work towards creating a trustworthy digital economy.”

What rules in the DSA must market participants comply with?

The DSA applies to all market participants that transmit, store or publish digital content. These are online platforms, search engines, marketplaces, broadband providers, or hosting services. The DSA has a layered structure of requirements, which means that different rules can apply to the different market participants that offer online services.

The DSA rules are aimed at preventing the spread of illegal content, among other objectives. Illegal content includes, for example, discriminating content or fraudulent content. Online providers must ensure that users are able to report these types of content easily with them. Online providers must also ensure that they have set up procedures in such a way that they are able to assess this content and explain why they remove content. In addition to the requirements regarding illegal content, the DSA also includes many other requirements. For instance, online providers must explain when certain content is considered advertising, and who the sender thereof is. 

Also, general terms and conditions must be easy-to-understand for children, if children can be assumed to be active in that online environment. In addition to offering citizens certain rights, the DSA also confers rights on businesses that transmit digital content, for example because the DSA forces platforms to be transparent about their recommendation systems.

How will ACM enforce the DSA?

ACM has not yet been fully authorized as the enforcer of the DSA. The pieces of Dutch legislation that are needed to do so have not yet come into force. The Dutch Minister of Economic Affairs and Climate Policy did put in place a temporary scheme, which already allows ACM to accept reports and share these with other EU regulators. For example, ACM already keeps a close watch, identifies bottlenecks, and is able to take enforcement action as soon as the relevant Dutch legislation comes into effect. In the meantime, ACM encourages users to file reports with the platforms themselves as well.

What is the importance of the new DSA rules?

The DSA is part of a broader package of new European regulations regarding the digital economy. The new rules ensure that businesses and consumers are protected against, for example, unfair competition or illegal practices. The new rules also require online providers to be more transparent, and to inform users more and better. Thanks to the new rules, online users are more aware of their rights and how to exercise them. ACM finds it important that businesses take the right measures that ensure a safe and trustworthy online environment for everyone.