DSA in Focus: Implementation, Extra-territorial application and Enforcement

Join EuroISPA for our upcoming “DSA in Focus” online panel discussion, entitled Implementation, extra-territorial application and enforcement of the DSA. The event will take place on Thursday 2 December from 17:00 to 18:30 CET. This is the fifth in a series of six events running until January 2022, in which we will be exploring and debating the main aspects of the Digital Services Act with policy experts. To secure a spot, please register here.

After our first four events, which focused on topics such as notice and action procedures, reporting obligations and transparency, as well as liability of intermediaries, our fifth panel discussion will focus on how to correctly implement the DSA.

Our panellists will address the DSA’s provisions on the Country of Origin principle, extra-territorial jurisdiction, as well as on the Digital Services Coordinators.

As we come closer to interinstitutional negotiations on the dossier, this event will provide an opportunity for an exchange of ideas between policymakers, civil society, and industry representatives.

Programme:

  • Introductory remarks and moderation: Ms Alexandra Laffitte, President of EuroISPA
  • Round-table discussion with:
    • Mr Michał Pukaluk, Director of Digital Policy Department in the Office of the Polish Prime Minister
    • Ms Christian Dawson, Board of Directors Member, i2Coalition
    • Mr Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability Committee
  • Q&A with audience
  • Closing remarks

Don’t miss out, secure a spot here!

The DSA in focus series kicked off with a first session on the new notice and action regime, followed by a second session on measures going beyond content removal, a third session on reporting obligations and transparency and a fourth one on liability of intermediaries. To end the series, we will host a wrap-up event in January 2022. Don’t miss it! More information is available on our dedicated website page.

PRESS RELEASE: EuroISPA Calls for Robust Regulatory Digital Framework for the EU and a Timely Decision on the Digital Services Act

Brussels, 12 November 2021 – EuroISPA, the pan-European association of Internet Services Providers Associations, co-signed a letter calling on the European Parliament to develop a robust regulatory digital framework for the EU with the Digital Services Act (DSA), as part of a broader coalition of leading start-ups and SMEs, alongside technology, advertising, and media organisations of different sizes.

The letter highlights the key areas the signatories believe should be focused on in order to ensure a timely co-legislative process, which will be crucial to strengthening the EU internal market. The letter comes in light of the upcoming Internal Market and Consumer Affairs Committee (IMCO) vote on the matter and notes the need to:

  • Maintain the horizontal approach of the Digital Services Act
  • Preserve and build on the cornerstones of the e-Commerce Directive
  • Build a workable, balanced, future-proof Regulation
  • Ensure consistency with the EU’s existing legal framework

Alexandra Laffitte, President of EuroISPA, commented: “EuroISPA is in a unique position to represent the needs of European Internet Services Providers, so we feel it is particularly crucial to highlight that the DSA should maintain the e-Commerce Directive principles at its core while remaining horizontal in its scope; it should not address issues that are best left to specific, vertical legislation. Along with our fellow signatories, we hope that this letter will emphasise our willingness to bring expertise to the discussions at any point and that it will help policy makers tackle the DSA in a timely and relevant manner.”

EuroISPA represents over 2,000 Internet Service Providers of all sizes across Europe and is an advocate for the needs of the wider internet industry. The Association aims to ensure that policymakers are aware of the needs of EuroISPA’s members in order to make informed decisions.

Read the letter in full here:


PRESS RELEASE: EuroISPA welcomes newest member to association, AMS-IX

Brussels, 21 October 2021 – EuroISPA, the pan-European association of Internet Services Providers Associations, welcomes a new Council member, AMS-IX (Amsterdam Internet Exchange), a member-based association that operates interconnection platforms around the world.

Alexandra Laffitte, President of EuroISPA, said: “We are delighted to be welcoming AMS-IX as the newest member of EuroISPA. AMS-IX will play an important role in the association, contributing enthusiastically to our discussions on policy impacting the infrastructure of the Internet. As the digital sphere continues to change in shape and dynamics, we at EuroISPA believe that it is increasingly important to be able to represent the whole Internet value chain and work together to achieve common goals. We extend our wholehearted welcome to AMS-IX.”

EuroISPA is the representative body of Internet Services Providers (ISPs) across the European continent. Founded in 1997, EuroISPA functions as an ‘umbrella’ association representing ISP associations on policy and legislative issues and facilitates the exchange of best practices between members. The association is structured around different, topical Committees, which allow members to regularly exchange ideas and views on specific policy matters and dossiers.

AMS-IX a neutral member-based association that operates multiple interconnection platforms around the world. Its leading platform in Amsterdam plays a crucial role at the core of the internet and has more than 880 connected networks and over 10 Terabits per second (TBps) of peak traffic.

Peter van Burgel, CEO of AMS-IX, stated: “In the coming years, the European Union will have a major impact on the technical functioning of the Internet by means of new legislation and European stimulation programs. By joining EuroISPA, AMS-IX wants to actively participate in the discussions on the future of the Internet and give a voice to the values that have made the Internet such a huge success.”

About AMS-IX

AMS-IX (Amsterdam Internet Exchange) is a neutral member-based association that operates multiple interconnection platforms around the world. Our leading platform in Amsterdam has been playing a crucial role at the core of the internet for more than 25 years and is one of the largest hubs for internet traffic in the world, with over 10 Terabits per second (Tbps) of peak traffic. Connecting to AMS-IX ensures customers such as internet service providers, telecom companies and cloud providers can route their global IP traffic in an efficient, fast, secure, stable and cost-effective way. This allows them to offer low latency and engaging online experiences for end-users. AMS-IX interconnects more than 1000 IP-networks in the world. AMS-IX also manages the world’s first mobile peering points: the Global Roaming Exchange (GRX), the Mobile Data Exchange (MDX) and the Internetwork Packet Exchange (I-IPX) interconnection points.

More information: www.ams-ix.net

Recap of Past Event: Liability of Intermediaries

On 29 September 2021, EuroISPA presented the fourth online event of its DSA in Focus series, sponsored by LINX. This time, the event focused on the DSA articles on the limited exemption from secondary liability for intermediary services, due diligence, own-initiative investigations and general monitoring provisions. You can revisit the interventions of our speakers here or below.

The event gathered a distinguished expert panel debating the objectives of these measures, the practical challenges for implementation and possible ways forward. It was formed by MEP Patrick Breyer, Rapporteur for the LIBE Opinion on the DSA, Dr. Christina Angelopoulos, Lecturer in Intellectual Property Law at the University of Cambridge, Catherine Garcia-van Hoogstraten, Director Responsible Technology Policy, EU Government Affairs at Microsoft, as well as Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability Committee.

EuroISPA’s President, Alexandra Laffitte, moderated the panel. In her introductory remarks, she emphasized that EuroISPA has been advocating for over 20 years in favour of the limited exemption from secondary liability established in the E-Commerce Directive.

MEP Patrick Breyer shared his opinion on the European Commission’s proposal on the DSA, providing for a limited exemption from secondary liability for mere conduit, caching, and hosting service providers. He argued that there is consensus that these provisions are working well and adding new categories would constitute a risk. Moreover, with regards to the own-initiative investigations of intermediaries, he stressed that law enforcement should be kept in the hands of judicial independent authorities, rather than private actors.

Dr. Christina Angelopoulos agreed with MEP Patrick Breyer and insisted that intermediaries are not duty bearers. Besides, she stated that the European Parliament should not move away from the horizontal approach of the European Commission on sector-specific legislation.

Catherine Garcia-van Hoogstraten argued that online service providers should be able to proactively take down illegal content with appropriate tools. Besides, she agreed with preserving the current categorization of the European Commission’s proposal on the DSA.

Malcolm Hutty also welcomed the horizontal approach of the European Commission. Commenting on amendments which created primary liability for intermediaries, he pointed out that this would be unproportionate and lead to over removal of legitimate content. Furthermore, he stressed the need for strict rules against requiring general monitoring.

The panel discussion was followed by an open Q&A session, where participants had the opportunity to exchange with our speakers on these issues.

EuroISPA wishes to extend its gratitude to the speakers for sharing their knowledge on the new DSA regime and for the open exchange with the audience. We are looking forward to our fifth event, taking place by the end of October, which will focus on the implementation, the extraterritorial effect, and enforcement of the DSA.

DSA in Focus: Liability of Intermediaries

Join EuroISPA for our upcoming “DSA in Focus” online panel discussion, entitled Liability of intermediaries, on Wednesday 29 September 2021 at 16:00-17:30 CEST. This is the fourth in a series of six events running until the end of 2021, in which we will be exploring and debating the main aspects of the Digital Services Act with policy experts. To secure a spot, please register here.

After our three first events, which focused on notice and action procedures, measures going beyond content removal and reporting obligations and transparency, our fourth panel discussion will examine the intermediary liability framework in the DSA.

Our panellists will address the DSA articles on own-initiative investigations, limited liability, no general monitoring, etc. They will debate the objectives of these measures, practical challenges for implementation, and possible ways forward.

As the EU co-legislators are intensifying discussions on the DSA, this event will provide an opportunity for an exchange of ideas between policymakers, civil society, and industry representatives.

Programme:

  • Introductory remarks and moderation: Ms Alexandra Laffitte, President of EuroISPA
  • Round-table discussion with:
    • MEP Patrick Breyer, Rapporteur for the LIBE Opinion on the DSA
    • Ms Christina Angelopoulos, Lecturer in Intellectual Property Law at the University of Cambridge
    • Mr Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability Committee
    • Industry speaker (TBC) 
  • Q&A with audience
  • Closing remarks

Don’t miss out, secure a spot here!

The DSA in focus series kicked off with a first session on the new notice and action regime, followed by a second session on measures going beyond content removal and, a third one on Reporting obligations and transparency. To end the series, we will host two further sessions in October and November. Don’t miss them! More information is available on our dedicated website page.

Recap of Past Event: Reporting Obligations and Transparency

On 9 September 2021, EuroISPA presented the third online event of its DSA in Focus series, sponsored by LINX. This time, the event focused on the transparency requirements for intermediaries, online platforms and VLOPs, as well as on the issue of access to data, statements of reasons, vetted researchers and access to data, etc. You can revisit the interventions of our speakers here or below.

The expert panel was formed by:  

  • Irene Roche Laguna, Deputy Head of Unit, E-Commerce and Platforms at DG CNECT;  
  • Michal Feix, Senior Public Affairs Advisor to Seznam.cz; and  
  • Diego Naranjo, Head of Policy of EDRi.  

EuroISPA’s President, Alexandra Laffitte, moderated the panel after sharing introductory remarks, highlighting the role of EuroISPA as a strong proponent of transparency obligations for intermediaries which strike the right balance between the competing interests of Governments, users and the protection of companies.  

On the European Commission’s side, Irene Roche Laguna stressed that transparency is the true spirit of the DSA but that it must work in both ways: with a framework for users and authorities to understand why platforms and ISPs take certain decisions and for regulators to report on their activity. She also agreed on the need for grading the access to information depending on the nature of the risks.  

Michal Feix highlighted the importance for the DSA to build on the principles of the e-commerce Directive that have withstood the passing of time but also to consider the differences between, e.g., platforms and other services or recommender systems and advertising, when introducing new rules. In this regard, he noted it is crucial to have limits to transparency requirements in order to maintain the quality of the services they provide. Finally, when touching upon the issue of the statements of reasons, he warned the obligation to anonymize and publish all the decisions would particularly impact companies of the size of Seznam, as they will have to dedicate considerable resources to comply. 

Diego Naranjo emphasized the need for a transparent and balanced notice and action system, that tackles the risks related to the right of removal which would be granted to different stakeholders. He also noted the importance of making algorithms subject to scrutiny by authorities and understandable for users, stating that “online tracking and profiling practices needed to stop”. 

The panel discussion was followed by an open Q&A session, where participants had the opportunity to exchange with our speakers on these issues. 

EuroISPA wishes to extend its thanks to the speakers for sharing their knowledge on the new DSA regime and for the open exchange with the audience. We are looking forward to our fourth event, taking place on 29 September, which will allow our audience to learn about the intermediary liability framework, from own-initiative investigations to the “no general monitoring” rule. 

For further information on the upcoming events visit our dedicated webpage on euroispa.org/dsa-in-focus.

DSA in Focus: Reporting obligations and transparency

Join EuroISPA for our upcoming online panel discussion of our 2021 series “DSA in Focus”, entitled Reporting Obligations and Transparency, on Thursday 9 September 2021. This is the third in a series of six events running until the end of 2021, in which we will be exploring and debating the main aspects of the Digital Services Act with policy experts. To secure a spot, please register here. 

After our first and second events, which focused on notice and action procedures and measures going beyond content removal, respectively, our third panel discussion will examine the provisions on reporting obligations and transparency. 

Our panellists, hailing from the public and the private sector, will address the DSA articles on transparency requirements for intermediaries, online platforms, and VLOPs, access to data, statements of reasons, etc. They will debate the objectives of these measures, practical challenges for implementation, and possible ways forward. 

As the EU co-legislators are intensifying discussions on the DSA, this event will provide an opportunity for an exchange of ideas between policymakers, civil society, and industry representatives. 

When?

Thursday 9 September from 9:00-10:30 CEST

Programme

  • Opening remarks: Mr Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability Committee 
  • Moderation: Ms Alexandra Laffitte, President of EuroISPA 
  • Round-table discussion with:
    • Ms Irene Roche LagunaDeputy Head of Unit, E-Commerce and Platforms, DG CNECT, European Commission 
    • Mr Michal Feix, Senior Public Affairs Advisor to Seznam.cz 
    • Mr Diego NaranjoHead of Policy, EDRi (European Digital Rights) 
  • Q&A with audience 
  • Closing remarks 

Don’t miss out, secure a spot here!

The DSA in focus series kicked off with a first session on the new notice and action regime, which was followed by a second session on measures going beyond content removal. It continues with sessions on DSA and the liability of intermediaries (September)Complaints, dispute handling and redress (October); and Implementation, sanctions, and enforcement (November). Don’t miss them! More information is available on our dedicated website page.  

mySCCcreator: E-Tool Available on EuroISPA Website

Brussels, 23 July 2021 – With the modernisation of the standard contractual clauses (SCCs) for the international transfer of personal data in June 2021, as foreseen in the General Data Protection Regulation (GDPR), the European Commission hoped to ensure that personal data is properly safeguarded when being transferred to third countries. This means that data controllers or processors in the EU must be up to date and compliant in their related activities.

The mySCCcreator tool offers a simple solution that provides a well-structured Word Document with all the relevant information, following a short questionnaire.

EuroISPA has integrated the tool into its website in order to expand the reach and availability of the tool for data controllers and processors within its membership and partners.

Note: the mySCCcreator is supplied by Fieldfisher on Bryter.io. The information entered is not processed by EuroISPA nor on the EuroISPA servers.

EuroISPA co-signs industry letter on the EU-U.S. adequacy agreement ahead of ‘Schrems II’ anniversary

EuroISPA joins industry members to co-sign a letter to EU Commissioner for Justice Didier Reynders and U.S. Secretary of Commerce Gina M. Raimondo calling for a swifter agreement on secure transatlantic data flows, particularly in the context of the invalidated EU-U.S. Privacy Shield Framework.

Signatories recognise the ongoing efforts to create a new, strengthened EU-U.S. framework for the transfer of personal information, whilst highlighting that it is crucial that this be achieved as soon as possible, so as to ensure the growth and innovation of businesses in both the EU and the US.

Read the letter here:

EuroISPA co-signs letter calling for the preservation of the key principles of the E-Commerce Directive in the DSA

Brussels, 8 July 2021 – EuroISPA joins other industry players in signing a letter calling for the preservation of the E-Commerce Directive principles in the DSA.

The signatories note their support of an ambitious DSA and its objectives to protect consumers, while favouring innovation, growth, and competitiveness. However, the letter also highlights their concern that several Member States have questioned some of the key principles of the E-Commerce Directive, which are crucial elements of the European digital economy.

The letter calls for:

  • A clear distinction between illegal and harmful but legal content
  • The preservation of the limited liability regime
  • The upholding of the prohibition of general monitoring obligations
  • The maintenance of the country of origin principle
  • The limiting of web-blocking obligations