ACM publishes DSA guidelines for providers of online services
Earlier this year, the European Digital Services Act (DSA) came into force. In order to familiarize businesses with the new regulation, the Netherlands Authority for Consumers and Markets (ACM) has drawn up guidelines. In these guidelines, ACM explains to what types of services the DSA applies, what rules the providers thereof need to comply with, and how they wil be able to do so. On Thursday, 21 November 2024, ACM will also organize a digital information meeting for businesses that wish to know more about what the DSA means for them.
The DSA applies to a broad range of large and small businesses, including social-media platforms, search engines, online marketplaces, internet providers, and webhosting service providers, but several online stores and online forums, too, may fall under the scope of the DSA.
A public consultation of the guidelines was held among market participants in the digital sector, and their opinions have been included in the final version, which has now been published. Chairman of the Board of ACM Martijn Snoep adds: “The DSA is quite complex, more so because the rules for businesses vary. The consultation has revealed that, among businesses, there is a need for practical information about the law. That is why we are now particularly focusing on providing guidance. In addition to these guidelines and the information meeting in November, we will also publish concise guidelines for different types of businesses. With these tools, we help businesses familiarize themselves with the new regulation.”
Information meeting
On Thursday, 21 November, ACM will also host a digital information meeting about the DSA. ACM subject matter experts will explain what types of services fall under the new law’s scope, what obligations the law introduces, and how businesses can comply with those obligations. Interested parties can already sign up for the meeting by sending an email to DSA [at] acm [punt] nl. More details about the meeting will be announced soon.
About the DSA
On 17 February 2024, the DSA came into force, which is a European law containing obligations for providers of online services for making the internet safer and more trustworthy. For example, these providers must have their complaint-handling systems in order, and they need to be transparent vis-à-vis their users about the rules that they use when deleting information or user accounts. The rules vary per type of business. For example, fewer rules apply to smaller businesses.
ACM’s role
ACM is the regulator-designate for the DSA in the Netherlands, and as soon as the Dutch implementing act has come into force, ACM can also take enforcement action, next to providing information. This is expected to be completed in early 2025. In the meantime, businesses and consumers are already able to file reports with ACM if the rules are not properly complied with. Reports such as these help ACM in its ability to take enforcement action more effectively as soon as it is fully authorized to do so.