Regulation (EU) 2022/2065 on a Single Market For Digital Services (Digital Services Act)

What it is

to lay down harmonised rules on the provision of digital services in the internal market (Digital Services Act). PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: information society services and especially intermediary services have become an important part of the EU’s economy and daily life of Union citizens. Twenty years after the adoption of the existing legal framework applicable to such services laid down in e-Commerce Directive 2000/31/EC, new and innovative business models and services, such as online social networks and marketplaces, have allowed business users and consumers to impart and access information and engage in transactions in novel ways. The Committee on the Internal Market and Consumer Protection adopted the report by Christel SCHALDEMOSE (S&D, DK) on the proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows: Members stipulated that the proposed regulation should apply to intermediary services provided to recipients of the service that have their place of establishment or residence in the Union, irrespective of the place of establishment of the providers of those services. It should not apply to any service that is not an intermediary service or to any requirements imposed in respect of such a service, irrespective of whether the service is provided through the use of an intermediary service. - be entitled to suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide illegal content, for which the illegality can be established without conducting a legal or factual examination or for which they have received two or more orders to act regarding illegal content in the previous 12 months, unless those orders were later overturned; - suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints handling systems, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are unfounded. The report stressed that online platforms should take steps to phase out collecting or processing personal data for the purpose of targeting recipients for non-commercial and political advertising, in favour of contextual advertising. The same would apply to targeting people based on sensitive data, or to targeting minors. For the purpose of targeting the recipients to whom advertisements for commercial purposes are displayed, online platforms should offer users the possibility to easily opt-out from micro-targeted tracking and advertisements that are based on…

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