Expert insights: Fundamental rights in DSA dispute resolution procedures

By John Albert, DSA Observatory

Despite claims that it is “institutionalizing censorship,” the DSA is designed to protect fundamental rights, including freedom of expression. One key example is its provision allowing EU users to challenge platforms’ content moderation decisions through out-of-court dispute settlement (ODS) proceedings—a topic explored in depth at a recent workshop hosted by the DSA Observatory and the Article 21 Academic Advisory Board.

TikTok and the Romanian elections: A stress test for DSA enforcement

By John Albert, DSA Observatory

On December 17th, the Commission opened formal proceedings against TikTok to investigate whether the platform diligently managed electoral risks in the Romanian context. This case demonstrates two gears of regulatory action under the DSA: the slow, methodical pace of analyzing systemic risks and setting standards, and the fast, politically charged scramble to respond to high-profile crises.  

DSA risk assessment reports: A guide to the first rollout and what’s next

By John Albert, DSA Observatory

Recently published risk assessment reports may offer new insights into how the largest online platforms think about and manage risks. But the first rollout has already raised questions about publication timelines, redactions, and formats. This post aims to clarify some of these ambiguities, and points toward upcoming regulatory guidance on risk assessments and opportunities for stakeholder engagement. 

Researcher access to platform data: Experts weigh in on the Delegated Act

by John Albert, DSA Observatory     This post shares insights from a DSA Observatory workshop held on 18 November 2024, where researchers and legal experts met to discuss what’s new in the draft delegated act, what’s missing, and how to approach the Commission’s call for feedback.       On 29 October 2024, and after many […]

Three key points on the Delegated Act: How to preserve researcher autonomy under Article 40 DSA?

Sophie Stalla-Bourdillon Co-director of the Brussels Privacy Hub, LSTS, VUB 29 November 2024   Despite its obvious merits, it remains unclear whether the Commission’s draft delegated act on access to platform data strikes the right balance between data providers’ commercial interests and the public interest. This contribution highlights three points from the draft with recommendations […]

The wait is (almost) over! First risk assessment and audit reports – what will be published, when, and the way forward 

Magdalena Jóźwiak Researcher, DSA Observatory University of Amsterdam     By the end of November 2024, the VLOPs and VLOSEs first designated by the Commission on 25 April 2023, are expected to publish their risk assessment reports, providing long-awaited insights into this crucial due diligence mechanism introduced by the DSA. This post offers an overview […]

The Regulation of Recommender Systems Under the DSA: A Transition from Default to Multiple and Dynamic Controls?

Urbano Reviglio (1) and Matteo Fabbri (2) (1) Centre for Media Pluralism and Media Freedom, European University Institute, Fiesole (2) IMT School for Advanced Studies, Lucca, Italy     In this contribution, we offer a critical overview of the interplay between the DSA requirements on the transparency and user controls for recommender systems and the […]

Researching content moderation through platform transparency rules: the DSA as a research tool to address pro-Palestinian content censorship

by Valerie Bourjeily, Advanced LLM candidate in Technology Governance, University of Amsterdam Law School Academic Excellence Track (ACeT) Research Intern, ’24. 28 October 2024   The DSA aims to help researchers in understanding platform content moderation. This blog post discusses its relevance in researching the systemic censorship of pro-Palestinian content, and content moderation practices more […]

Embedded GenAI on Social Media: Platform Law Meets AI law

by Paddy Leerssen, postdoctoral researcher at the University of Amsterdam 6 August 2024 Social media platforms are integrating generative AI features into their services. This post discusses how these features trigger overlapping obligations under the AI Act and the Digital Services Act.     On 26 September 2024, Instagram and Facebook rolled out a new […]

The DSA’s first shadow banning case

by Paddy Leerssen, postdoctoral researcher at the University of Amsterdam 6 August 2024 This post discusses a recent decision from the Amsterdam District Court, in which an end-user of X was awarded damages due to the platform’s undisclosed ‘shadow banning’ of their profile.     An early victory for user rights: on 5 July 2024, […]