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A Look at the EU's Latest Proposal for Regulating Online Content

By Linda A. Thompson
January 01, 2021

On May 25, 2018, multiple companies in the United States blocked users in the European Union (EU) from accessing their websites altogether. That's how scared large businesses, such as those in the entertainment and media industries, were of being ensnared by the General Data Protection Regulation (GDPR) on the day it entered into force.

Two-and-one-half years later, the European Commission has unleashed another proposal that lawyers expect to wreak just as much havoc. Unveiled in December 2020, the Digital Services Act (DSA) is set to have as wide a reach and as deep an impact as the GDPR, Brussels, Belgium, privacy lawyers say.

The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites. It imposes new risk assessment and reporting obligations on platforms like search engines, online marketplaces and social media networks, and introduces a codification and harmonization of the existing notice-and-action mechanism that allows users to flag illegal content to such platforms.

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