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European Digital Services Act Brings Order to Facebook, Instagram, TikTok, and Other Social Networks

In the middle of last year, the European Parliament adopted new regulations concerning large internet companies called the Digital Services Act. This act establishes clear obligations for all service providers such as search engines or social networks, aimed at reducing the spread of illegal content and increasing user protection on the internet, particularly for minors.

Although the Act was adopted last year, it is only now that the European Commission has made a decision regarding which entities are covered by the Digital Services Act. Currently, the Commission’s list includes 17 large internet platforms and two major search engines, defined as those with at least 45 million active users per month.

As for the platforms, they include: YouTube, Facebook, Instagram, LinkedIn, Twitter, TikTok, Wikipedia, Alibaba AliExpress, Amazon Store, Apple AppStore, Booking.com, Google Play, Google Maps, Google Shopping, Pinterest, Snapchat, and Zalando. The search engines falling under the Act are currently Bing and Google Search.

User Protection

These companies must fulfill all new obligations arising from the Digital Services Act within four months, which include new measures to combat illegal content on the internet and the obligation for platforms to respond quickly, enhanced traceability, and checks on merchants in online markets to ensure the safety of products and services, increased transparency and accountability of platforms, for example, by providing clear information about content moderation or the use of algorithms for recommended content, a ban on misleading practices and certain types of targeted advertising such as those aimed at children and ads based on sensitive data.

The aim of all these obligations is to strengthen and protect the position of users on the internet.

Users of these platforms will need to receive clear information, for example, about why certain content has been recommended to them, they will be able to disable content recommendations based on profile data, and they will have access to a clearly understandable summary of the terms of service of each platform, in their own language, which is a significant novelty, as it is known that no one reads these terms which have previously come in several pages.

Also, regarding advertisements, they can no longer be displayed based on sensitive user data, such as ethnic origin, political opinions, or sexual orientation. Additional protection must be provided by platforms for minors, in terms of privacy, safety, and the display of targeted ads. Platforms will need to invest more resources in content moderation to combat misinformation, but it is unclear who will determine what misinformation needs to be suppressed. If practices from the last three years continue, this suppression of misinformation could turn into classic censorship by large tech companies.

Information Sharing

The European Union will require the mentioned platforms and search engines to share all information about how their algorithms for displaying and recommending content work with all member states as well as with the Commission itself, and users will be allowed to contest the decisions of moderators on those platforms.

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