Final Version of Digital Services Act.

Written

0 .Introduction

Notice! I'm not layer, or any kind of legar expert. I'm asshole with options. Please, run any legal advice through your lawer.

In 2020 EU proposed a Digital Services Act as part of "A Europe fit for the digital age" priority [1]. Digital Services Act together with Digital Markets Act is also refered to as Digital Services Act Package [3] in some corner of EU's mess of web website. Tag line of the Digital Services Act (at least in one of the EU's website pages) is "ensuring a safe and accountable online environment" [2]. The actual regulation says in the first article titled Subject matter is to set out ... harmonized rules for a safe, predictable and trusted online environment that facilated innovation and in which fundamental rights ... including ... comsumer protection, are effectively protected. [4]

There is a lot of marketing talk about "safety" which could also mean boring no edge takes on internet allowed but I actual do think the comsumer protection are improved. It is not all improvements and certains areas Digital Services Act lack balls but overall I think it is improvement.

Three notes on before starting.

  • I focuse on articles of the act not in the 40 pages of recitals as I'm not sure about there legal value.
  • Shall does not optional it means must do.
  • When articles mention other directive IDs I also say directives name for understability.

Digital Service Coordinator

Digital service act mandates and creates new position in member states. By article 49 Member state must "designed" a Digital Services Coordinator mostly responsiable for the enforcement of the Digital service act. In EU level a Article 61 advisory group of Digital Services Coordinators knows as "European Board for Digital Services" called just board in other places of the act.

Digital service coordinator of member state has the powers of by articles 51 to: 1) Ask information to investigate including member of staff of a company suspected in infringement, 2) Go to judge to reguest ispection of any premises or request other authorities gather evidence, 3) order cessation of infringements and impose remedies or ask judical authority order remedies for cessation of infringements, 4) accept commitments offered to fix said infringement, 5) impose fines or perodic penalty payment or request judical authority do so, 7) punish non-response on payments given that good enough time to response has given. 6) power to adop interim measures or ask judicial authority... I don't really know regards to what interim measures are for... If these do not work article 51 paragraph 3 request action plan to terminate the infringement and if that is not complied with ask court to order a shutdown of the service.

Definitions

References

  1. EU's A Europe fit for the digital age 2019-24 priority https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/europe-fit-digital-age_en
  2. The Digital Services Act: ensuring a safe and accountable online environment https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/europe-fit-digital-age/digital-services-act-ensuring-safe-and-accountable-online-environment_en
  3. The Digital Services Act package https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package
  4. The Digital Services Act https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R2065

Cut references

  1. EU Digital Strategy website. https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package
  2. EU's Shaping Europe's digital future priority.https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/europe-fit-digital-age/shaping-europes-digital-future_en