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.

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.  

Recap of Past Event: Beyond Content Removal

On 17 May 2021 EuroISPA hosted its second online event in the DSA in Focus series, which focused on provisions in the Digital Services Act (DSA) going beyond the notice and action processes, such as measures on codes of conduct, the know your business customer principle, trusted flaggers, and risk mitigation for very large online platforms (VLOPs). You can watch the full recording of the event here or below.

The event, which was made possible by LINX, featured a distinguished expert panel which examined the topic in great detail. It included Mr Prabhat Agarwal, Head of Unit in charge of E-Commerce and Platforms at DG CNECT in the European Commission, Mr Marco Pancini, Director of Public Policy at YouTube, as well as Ms Heleen Uijt de Haag, Deputy Director at the Dutch Digital Economy Department within the Ministry of Economic Affairs and Climate Policy. EuroISPA’s President Alexandra Laffitte moderated the panel, whilst Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability, framed the conversation with introductory remarks.

Malcolm Hutty opened the session with several questions for the panel and general remarks. He welcomed the KYBC’s focus on marketplaces, and stressed the importance of codes of conduct. When it comes to the role of trusted flaggers, he challenged the proposal, asking whether the “concept loses value if the right to decide who is trusted is removed from the operator”. As regards risk mitigation and VLOPs, he stressed that the provision, as currently drafted, would risk to create uncertainty for businesses, as the list of risks is currently open ended.

When illustrating the Commission’s chosen regulatory approach, Prabhat Agarwal recognised the success of self-regulation in addressing emerging phenomena swiftly. However, he explained that the limitations of self-regulation have made it necessary to make binding some of the existing voluntary frameworks. In this respect he noted: “We continue to think that coregulation plays a crucial role and the DSA is not the end of it”.

Marco Pancini provided the audience with interesting details about YouTube’s trusted flaggers’ programme. He said that, thanks to such systems, whenever platforms receive referrals from experts these are taken into account with the appropriate level of priority. He pointed out that “YouTube’s  goal is to leverage positive exchanges with experts, improving the quality of our content moderation activities”.

Heleen Uijt de Haag welcomed the Commission’s proposal, describing it as well-balanced. She appreciated that the main principles of the E-Commerce Directive, such as the limited liability for service providers and the county of origin principle, are maintained. When referring to the topic of trusted flaggers, she said that “we need safeguards to ensure the mechanisms are not abused, as this could have detrimental effects on freedom of speech online, and the right to privacy”.

Panellists then had an open discussion with the audience, focussing on issues such as the modalities to appoint trusted flaggers, the know your business principle, and ways to tackle disinformation in the context of the current pandemic.

EuroISPA would like to extend its gratitude to the speakers for sharing their insights on the new DSA, contributing to yet another successful DSA in Focus event. We look forward to our third session, which will take place in June, and which will focus on reporting obligations and transparency in the context of the DSA.

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

DSA in Focus: Beyond Content Removal

Join us for our upcoming online panel discussion of our 2021 series DSA in Focus: Beyond Content Removal. This is the second in a series of six events running from April 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 event, which focused on notice and action procedures, our second panel discussion will examine measures going beyond content removal.

Our panellists, hailing from the public and the private sector, will talk about the DSA provisions on codes of conduct, the know your business customer principle, trusted flaggers, and risk mitigation for very large online platforms. They will debate the objectives of these measures, practical challenges for implementation, and possible ways forward.

As the Council and the European Parliament 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:

  • Opening remarks: Mr Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability Committee
  • Moderation: Ms Alexandra Laffitte, President of EuroISPA
  • Round-table discussion with:
    • Mr Prabhat Agarwal, Head of Unit, E-Commerce and Platforms, DG CNECT, European Commission
    • Mr Marco Pancini, Director Public Policy at YouTube
    • Ms Heleen Uijt de Haag, Deputy Director Digital Economy Department, Ministry of Economic Affairs and Climate Policy, The Netherlands
  • Q&A with audience
  • Closing remarks

Don’t miss out, secure a spot here!

Recap of Past Event: The New Notice and Action Regime

On 7 April 2021 EuroISPA hosted its first online event in the DSA in Focus series, which examined the new provisions in the Digital Services Act (DSA) aiming to improve the management of illegal content online.  

The event, kindly sponsored by LINX, gathered an exceptional expert panel, including MEP Dita Charanzová, shadow rapporteur on the DSA report in IMCO, MEP Henna Virkkunen, rapporteur for the ITRE opinion on the DSA, Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability Committee, as well as Iverna McGowan, Director at the Centre for Democracy and Technology. EuroISPA’s President Alexandra Laffitte moderated the panel. 

Describing the “perfect” notice and action system, MEP Charanzová focused on the importance of finding the right balance between the ability of users to share content freely and the necessity to remove illegal content online. She stressed that the “proposal of the European Commission is a good starting point, but that details will need to be addressed by the co-legislators”.  

MEP Virkkunen agreed on the necessity of striking the right balance between various interests, and stated that, as a general rule, “the same rules should apply online and offline”. At the same time, she insisted that “it is crucial for the European industry to avoid overregulation”.  

Iverna McGowan focused on the human rights law perspective, and argued that “the legality of our speech must be decided by the courts”. She argued that an effective framework would empower users to flag pieces of speech, without leading to the over-removal of legitimate content and an ensuing chilling effect on free speech.  

Malcolm Hutty presented several aspects of EuroISPA’s position on the DSA. He advocated for a system which does not create onerous barriers for businesses yet not created, and which ensures several safeguards which protect users and companies against misuse of notice and action processes.  

The expert panel discussion was followed by a stimulating discussion with the participants, focussing on the issues of democracy and the Internet, co-regulation and self-regulation, as well as encryption.   

EuroISPA would like to extend its thanks to the speakers for sharing their insights on the new DSA regime and for the open exchange with the audience. We look forward to our second event, which will take place in May, and which will focus on further aspects of the DSA, such as the Know Your Business Customer obligations and the provisions on Trusted Flaggers. 

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

EuroISPA shares its views on the Digital Services Act

Brussels, 31 March 2021 EuroISPA publishes its views on the Digital Services Act, reflecting the views of the European Internet industry.

EuroISPA is the voice of the European Internet industry, representing over 2,000 Internet Service Providers across Europe, all along the Internet value chain. As we have been engaging in discussions on intermediary liability and content moderation for over 20 years, EuroISPA is proud to share with the EU institutions and interested stakeholders its position on the Digital Services Act (DSA).

Overall, EuroISPA supports the DSA and its objectives to protect consumers and their fundamental rights online, to foster transparency and accountability of online platforms, and to favour innovation, growth, and competitiveness within the Single Market. In particular, we welcome the European Commission’s decision to adopt an evolutionary approach maintaining the key principles of the E-Commerce Directive, such as the limited exemption from secondary liability, while creating a due diligence framework for intermediary services.

At the same time, EuroISPA believes that several changes would be needed in order to achieve a regulation that truly fosters innovation and growth in the Digital Single Market. Therefore, EuroISPA put forward recommendations on every chapter of the DSA, spanning from the definition of online platforms, to intermediary liability provisions, from the due diligence rules, to the overall governance structure.

You can download our position below:

DSA in Focus: The New Notice and Action Regime

Our first event in the DSA in Focus series, taking place on 7 April 2021 at 10h30 CEST, will examine the new provisions in the DSA aiming to improve the management of illegal content online.

We will discuss the new provision on own-voluntary investigations, the differences between general and specific monitoring, as well as the limited liability regime. Panellists will also share with the audience their views on the future harmonised notice-and-action procedures.

This debate will provide a platform to exchange informed perspectives between policymakers, civil society, and industry representatives.

Programme:

  • Opening remarks and moderation: Ms Alexandra Laffitte, President of EuroISPA
  • Round-table discussion with:
    • Ms Dita Charanzová, MEP, shadow rapporteur on the Digital Services Act
    • Ms Henna Virkkunen, MEP, rapporteur for opinion on the Digital Services Act
    • Mr Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability Committee
    • Ms Iverna McGowan, Director at the Centre for Democracy and Technology
  • Q&A with audience
  • Closing remarks

To secure a spot, please register here.