Brussels, 20 January 2022: EuroISPA, the pan-European association of Internet Services Providers Associations, welcomes today’s plenary vote on the Digital Services Act (DSA) in the European Parliament, paving the way for interinstitutional negotiations and a potential final agreement in 2022.
Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability Committee, said: “We commend the work of the Rapporteurs and the Shadow Rapporteurs to create a regulatory framework ensuring a safe online environment for users while fostering innovation and competitiveness within the Single Market. The preservation of key principles of the E-Commerce Directive, such as the limited liability regime and the prohibition of general monitoring obligations, will ensure that the Internet industry can continue to thrive for the benefit of all Europeans.”
At the same time, further work in the interinstitutional negotiations will be needed to guarantee a truly future-proof framework. For instance, a clearer distinction between online platforms and pure hosting services providers is needed in order to grant legal certainty for all parties. Provisions on orders to take down content and to provide information to authorities should respect the country-of-origin principle and should be in line with existing and upcoming legislation such as the e-evidence package.
Alexandra Laffitte, President of EuroISPA, shared the association’s views on the upcoming interinstitutional negotiations: “We encourage policymakers to keep the DSA a horizontal framework, to avoid creating obligations which would result in primary liability for service providers, and to ensure that the upcoming rules are balanced and proportionate, especially taking into account the type and size of businesses. We stand ready to support the co-legislators in their efforts to formulate a future-proof framework for the online environment.”