Germany’s Digital Services Act (“DSA”)
Introduction:
On January 8, 2025, the German government unveiled its draft “Gesetz über digitale Dienste” (Digital Services Act – DSA), which aims to regulate digital services, including social media platforms, online marketplaces, and search engines. The DSA is part of Germany’s efforts to address concerns about harmful content, disinformation, and market dominance in the digital sphere.
Key Provisions:
- Due diligence obligations: The DSA requires digital services with more than 10 million monthly active users to implement robust due diligence processes to address illegal and harmful content, including hate speech, disinformation, and terrorist propaganda.
- Risk assessment and mitigation: Providers must conduct risk assessments to identify potential harms associated with their services and develop measures to mitigate these risks.
- Transparency and accountability: Providers are required to provide transparent information to users and regulators about their content moderation policies, data processing practices, and algorithms.
- Content moderation: Providers must establish clear rules and procedures for content moderation, ensuring consistency and fairness in the removal or limitation of harmful content.
- User rights: The DSA grants users the right to appeal content removal or moderation decisions and provides mechanisms for redress.
- Market dominance: The DSA aims to prevent market dominance by prohibiting certain unfair practices, such as bundling multiple services or favoring own platforms in search results.
Implementation:
The DSA is expected to become law in early 2026 and will be enforced by the Federal Network Agency. Providers will have a grace period to comply with the new regulations.
International Implications:
The German DSA is largely aligned with the European Union’s Digital Services Act (EU-DSA), which came into effect in November 2022. However, Germany’s law includes additional provisions, such as more stringent due diligence obligations for providers with over 20 million active users.
Significance:
The DSA is a significant step towards regulating digital services in Germany and the broader European Union. It aims to strike a balance between protecting users from harmful content and preserving freedom of expression online. The implementation of the DSA will have major implications for digital service providers and the way they operate in the German market.
Conclusion:
The German Digital Services Act (DSA) is a comprehensive law that aims to address the challenges of the digital age by regulating content moderation, user rights, market dominance, and other issues. Its implementation will have a significant impact on the digital landscape in Germany and beyond.
Das Gesetz über digitale Dienste
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Die Bundesregierung a new article on 2025-01-08 11:00 titled “Das Gesetz über digitale Dienste”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.
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