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The latest analysis

Shortcomings of the first DSA Audits — and how to do better

By Daniel Holznagel

At the end of 2024, the first audit reports under the Digital Services Act were published. Most were produced by Big Four accounting firms — and were, in many ways, not very ambitious. This post collects impressions from digesting most (not all) of these reports, focusing on five structural shortcomings that severely limit their usefulness: from illegitimate audit gaps to auditors’ apparent reluctance to interpret the law or meaningfully assess systemic risks (especially around recommender systems). The post also highlights a few useful disclosures — including platform-defined compliance benchmarks — and outlines where auditors, regulators, and civil society should push for improvements in future rounds.

Report: Pathways to Private Enforcement of the Digital Services Act

By Paddy Leerssen, Anna van Duin, Iris Toepoel, and Joris van Hoboken

Discussion of DSA enforcement tend to focus on regulatory action by the European Commission and national Digital Services Coordinators, but private actors are also taking the DSA to court. This report looks at the underexplored but important role of private enforcement—where individuals, NGOs, or consumer groups bring legal action themselves. It examines key DSA provisions with potential for such claims and outlines the legal and strategic choices that will shape how this tool is used in practice.

DSA Audits: How do platforms compare on influencer marketing disclosures?

By Taylor Annabell, Utrecht University

Under the DSA, social media platforms must provide clear tools for influencers to disclose paid content. But how well do they meet this obligation, and how rigorously is compliance assessed? This post compares eight DSA audit reports on influencer marketing disclosures under Article 26(2) and finds striking inconsistencies in how audits were conducted, what was measured, and how “compliance” was defined. The findings raise broader concerns about audit transparency, platform-defined standards, and the need for clearer guidance on what adequate disclosure—and meaningful oversight—should look like.

The DSA Observatory welcomes blog post submissions

The Digital Services Act (DSA) Observatory

The “Digital Services Act (DSA) Observatory” is a project run by the Institute for Information Law (IViR) at the University of Amsterdam, which acts as a hub of expertise on the new EU Digital Services Act Regulation 

The DSA Observatory provides independent scholarly input and facilitates discussions regarding this important legislation, its implementation and enforcement. In particular, the DSA Observatory focuses on fundamental rights and democratic values as a means to confront platform power.  

Launched in January 2021, the Observatory has followed the DSA political process closely. It engages with different stakeholders and brings together a broad network of platform regulation experts from academia, civil society, and government. 

The project generates regular analysis on the DSA and relevant developments, including blog posts, policy reports, academic articles, and events including expert workshops, panels and conferences. 

 

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About The Digital Services Act (DSA) Observatory

knowlege

The DSA Observatory

The Digital Services Act (DSA) Observatory is a new project run by the Institute for Information Law (IViR) at the University of Amsterdam, which kicked-off in January 2021. The DSA Observatory acts as a hub of expertise with respect to the “Digital Services Act” package presented by the European Commission in December 2020.

Team

Project team

funding

Funding and collaboration with the Digital Legal Lab

The DSA Observatory is part of the “Digital Transformations of Decision-Making” research initiative of the Amsterdam Law School and contributes to the activities of the Digital Legal Lab, an interuniversity research centre on law and digital technologies run by a research network between four Dutch universities: Tilburg University, the University of Amsterdam, Radboud University Nijmegen and Maastricht University. This joint research initiative, the Digital Legal Studies Sector Plan for legal research is funded by the Dutch Ministry of Education, Culture and Science (OCW). The DSA Observatory has received funding from the Open Society Foundations and from the Civitates initiative (“Healthy Digital Public Sphere” programme) and the DSA Research Network (a collaboration with the Alexander von Humboldt Institute for Internet and Society and the Hans-Bredow-Institut), funded by Stiftung Mercator.

Where we focus on …

Europe / Brussels

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Justice

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privacy

Privacy

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politics

Politics

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research

Research

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People

People

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Newsletter

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Events

Summer course 2024 on “European Platform Regulation”

Update 8 March 2024: Registrations for the 2024 edition are…

The DSA and Platform Regulation Conference 2024

To coincide with the Digital Services Act (DSA) becoming directly…

23 February 2023 – Expert workshop on “Online journalism: Digital Services Act & Media Freedom Act”

“The DSA’s capacities for free media and safe journalists…

Contact

The DSA Observatory team can be reached by email at:

dsaobservatory-ivir@uva.nl

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