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Published 2 October 2020
The Digital Service Act (DSA) is part of a proposed EU package which aims to overhaul the digital services market.
The DSA package covers both digital services and competition law. Here, we focus on the former, with a brief summary of where things stand on the digital services aspect of the DSA, and a commentary on increasing platforms’ monitoring and take down responsibilities. We also cover the impact of Brexit. Although the EU legislation won’t be in force until after Brexit, even the UK could expect an expansion of platform providers’ obligations following the DSA.
The UK’s transition period expires at the end of this year. As the DSA is unlikely to be passed before then, the UK will not strictly be required to follow it – and therefore there may be a rift between EU and UK platforms. However, ultimately, some degree of harmonisation with the EU law will be needed, given the European (or even global) nature of many platforms. In responding to the consultation, even the UK Competition and Markets Authority, whilst welcoming cohesive reform, recognised the need for balancing legal protection against platforms providers’ responsibilities. We can therefore see the UK implementing similar, but potentially less onerous, obligations post-Brexit: we’ll be watching this space.
If you have any specific queries or wish to discuss anything covered in this update, please contact Isabella McMeechan, Associate at DAC Beachcroft.
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