The new European regulation 2022/2065 Digital Services Act aims to improve the fight against illegal content by online intermediary services such as internet service providers, cloud services and marketplaces. It modernizes and thus replaces the E-commerce directive dating back to 2000.
In addition to the existing obligation to promptly remove or block any illegal content, these platforms will now have to provide a tool to report illegal content and cooperate with “trusted flaggers”, organizations referenced as such by member states for their skills and expertise.
The platforms will also have to allow users whose account has been suspended or terminated to challenge this decision through an internal complaint handling mechanism.
Very large platforms such as GAFAM will have to, among others, carry out systemic risk analyses, security audits and provide access to their algorithms.
In case of infringement, the European Commission may impose fines of up to 6% of their worldwide turnover on GAFAM.
The European Digital Services Act, published on October 27, 2022, entered into force on November 16, 2022 and will be applicable from January 1, 2023.