ACM publishes for consultation its DSA guidelines for providers of online services
The European Union has drawn up new rules for online providers, including the Digital Services Act (DSA). The DSA is aimed at helping create a safe, predictable, and trustworthy online environment. As the regulator-designate, the Netherlands Authority for Consumers and Markets (ACM) finds it important that market participants that fall under the DSA are able to prepare themselves properly for the new European rules. That is why ACM has drawn up draft guidelines, which can help market participants in their preparations.
Market participants that fall under the scope of the DSA, as well as other interested parties have until February 16, 2024, to submit their opinions about the draft guidelines. These may include market participants such as online platforms, search engines, marketplaces, broadband providers, and hosting service providers.
Why has ACM drawn up draft guidelines?
ACM is the regulator-designate for the enforcement of compliance with the obligations laid down in the DSA. ACM believes it is important that businesses and organizations are already able to prepare themselves properly for what the DSA will mean for them, and what rules they need to comply with. Exploratory discussions held by ACM revealed that there was a need for this. That is why ACM has drawn up these guidelines as a tool. In the guidelines, guidance is given with regard to dispute settlement, dealing with illegal content, the protection of minors, and the prevention of so-called dark patterns as a result of which users find it harder to make autonomous decisions.
Why does ACM release these DSA guidelines for public consultation?
ACM publishes these draft guidelines for public consultation because the obligations for digital providers are wide-ranging and new for many market participants. The DSA puts in place a framework of layered obligations, which means that one or multiple rules apply to different market participants that offer online services. That is why ACM has formulated guidance for each type of provider. The guidelines should help providers of online services design their processes in such a way that they are able to comply with the DSA’s obligations as effectively as possible. It is important to know whether the guidelines offer all of these different market participants sufficient clarity in order for them to comply with the rules.
The importance of new legislation in the digital domain
The DSA is part of a package of new European rules regarding the digital economy. ACM welcomes this new legislative package because it offers businesses and consumers protection against, for example, unfair competition or illegal practices. ACM’s future role is aimed at helping businesses put the right measures in place to create an online environment that is safe and trustworthy for all users. In that way, we are able to reap the benefits of the opportunities offered by the digital economy, as well as reduce the risks posed by it.
In the Netherlands, the DSA will come into force on February 17, 2024. From that date, all providers that fall under the DSA must comply with its rules. ACM will conduct oversight over the providers that are located in the Netherlands. ACM is charged with enforcement of the DSA as soon as the law that governs this comes into effect, which is expected to do so at a later point in 2024. Very large platforms and search engines already need to comply with the DSA since August 25, 2023. The European Commission designates these large platforms and search engines. The European Commission conducts oversight over the very large platforms and very large search engines.