Online platforms face likely Digital Services Act disclosure deadline of February 2023

Online platforms face likely Digital Services Act disclosure deadline of February 2023

The process of designation provided for under the DSA will take effect immediately once the DSA comes into force. Very large online platforms that are designated as such would need to comply with the obligations on them under the DSA within four months of being notified of that designation, regardless of whether that date is earlier than the date on which the bulk of the DSA’s provisions will take effect.

Among other things, under the DSA, very large online platforms would be obliged to identify, analyse, assess and mitigate ‘systemic risks’ arising from the design, functioning and use made of their services in the EU. Fines of up to 6% of the annual global turnover of could be levied on online platforms and search engines that fail to comply with their obligations under the legislation.

What is an ‘active recipient’?

Online platform providers face being required to disclose “information on the average monthly active recipients” of each of their platform and search engine services in the EU calculated as an average over the period of the past six months, under the Digital Services Act.

No specific methodology has yet been prepared by the European Commission to inform that calculation. However, guidance on what information online platforms need to report is contained in a non-binding recital to the DSA. Here is what recital 77 states:

“In order to determine the reach of a given online platform or online search engine, it is necessary to establish the average number of active recipients of each service individually. Accordingly, the number of average monthly active recipients of an online platform should reflect all the recipients actually engaging with the service at least once in a given period of time, by being exposed to information disseminated on the online interface of the online platform, such as viewing it or listening to it, or by providing information, such as traders on an online platforms allowing consumers to conclude distance contracts with traders.”

“For the purposes of this Regulation, engagement is not limited to interacting with information by clicking on, commenting, linking, sharing, purchasing or carrying out transactions on an online platform. Consequently, the concept of active recipient of the service does not necessarily coincide with that of a registered user of a service. As regards online search engines, the concept of active recipients of the service should cover those who view information on their online interface, but not, for example, the owners of the websites indexed by an online search engine, as they do not actively engage with the service.”

“The number of active recipients of a service should include all unique recipients of the service that engage with the specific service. To this effect, a recipient of the service that uses different online interfaces, such as websites or applications, including where the services are accessed through different uniform resource locators (URLs) or domain names, should, where possible, be counted only once. However, the concept of active recipient of the service should not include incidental use of the service by recipients of other providers of intermediary services that indirectly make available information hosted by the provider of online platforms through linking or indexing by a provider of online search engine.”

“Further, this Regulation does not require providers of online platforms or of online search engines to perform specific tracking of individuals online. Where such providers are able to discount automated users such as bots or scrapers without further processing of personal data and tracking, they may do so.”

“The determination of the number of active recipients of the service can be impacted by market and technical developments and therefore the Commission should be empowered to supplement the provisions of this Regulation by adopting delegated acts laying down the methodology to determine the active recipients of an online platform or of an online search engine, where necessary, reflecting the nature of the service and the way recipients of the service interact with it.”

Source link

Related post

Healthium Medtech amongst the first in Asia and first…

– Meets highest safety and quality standards as a medical devices manufacturer Amongst the first medtech companies in Asia to receive…
Montgomery County funds upgrades for Canajoharie park

Montgomery County funds upgrades for Canajoharie park

VILLAGE OF CANAJOHARIE — Upgrades including a new pavilion and playground are slated for Wintergreen Park in the village of Canajoharie…
The Fiji Times » Bitcoin scam

The Fiji Times » Bitcoin scam

The Fiji Financial Intelligence Unit (FIU) says there are currently no authorised virtual assets service providers in Fiji. It made this…

Leave a Reply

Your email address will not be published.