Analysis - DSA Observatory

In between illegal and harmful: a look at the Community Guidelines and Terms of Use of online platforms in the light of the DSA proposal and the fundamental right to freedom of expression (part 3 of 3)

November 9, 2021/in Analysis

By Britt van den Branden, Sophie Davidse and Eva Smit* This blog is the third and final part. See blog 1 here and blog 2 here. Disclaimer: Dear reader, please note that this commentary was published before the DSA was finalised and is therefore based on an outdated version of the DSA draft proposal. The […]

DSA Observatory discussion paper: “The DSA proposal: a critical overview”

November 2, 2021/in Analysis

Disclaimer: Dear reader, please note that this commentary was published before the DSA was finalised and is therefore based on an outdated version of the DSA draft proposal. The DSA’s final text, which can be here, differs in numerous ways including a revised numbering for many of its articles. This discussion paper by IViR – […]

The DSA proposal and Poland

October 22, 2021/in Analysis

Lidia Dutkiewicz, Jan Czarnocki (Center for IT and IP law – CiTiP, KU Leuven) Disclaimer: Dear reader, please note that this commentary was published before the DSA was finalised and is therefore based on an outdated version of the DSA draft proposal. The DSA’s final text, which can be here, differs in numerous ways including […]

The DSA proposal and Italy

October 21, 2021/in Analysis

Ilaria Buri (Institute for Information Law, IViR – University of Amsterdam) Disclaimer: Dear reader, please note that this commentary was published before the DSA was finalised and is therefore based on an outdated version of the DSA draft proposal. The DSA’s final text, which can be here, differs in numerous ways including a revised numbering […]

The DSA proposal and the Netherlands

October 21, 2021/in Analysis

Joris van Hoboken (Institute for Information Law, IViR – University of Amsterdam) Disclaimer: Dear reader, please note that this commentary was published before the DSA was finalised and is therefore based on an outdated version of the DSA draft proposal. The DSA’s final text, which can be here, differs in numerous ways including a revised […]

The DSA and the risk-based approach to content regulation: Are we being pulled into more advanced automation?

October 1, 2021/in Analysis

Bengi Zeybek* Disclaimer: Dear reader, please note that this commentary was published before the DSA was finalised and is therefore based on anoutdated version of the DSA draft proposal. The DSA’s final text, which can be here, differs in numerous ways including a revised numbering for many of its articles. Introduction Given the size […]

Platform research access in Article 31 of the Digital Services Act – Sword without a shield?

September 13, 2021/in Analysis

In September 2021, the Verfassungsblog and the Max Planck Institute for Innovation and Competition co-hosted an online symposium, “To Break Up or Regulate Big Tech? Avenues to Constrain Private Power in the DSA/DMA Package”. “The concentration of private power in the digital realm is not tenable – on this there is consensus. It extends across […]

Using Terms and Conditions to apply Fundamental Rights to Content Moderation: Is Article 12 DSA a Paper Tiger?

September 10, 2021/in Analysis

In September 2021, the Verfassungsblog and the Max Planck Institute for Innovation and Competition co-hosted an online symposium, “To Break Up or Regulate Big Tech? Avenues to Constrain Private Power in the DSA/DMA Package”. “The concentration of private power in the digital realm is not tenable – on this there is consensus. It extends across […]

The DSA Proposal’s Impact on Digital Dominance 

September 3, 2021/in Analysis

In September 2021, the Verfassungsblog and the Max Planck Institute for Innovation and Competition co-hosted an online symposium, “To Break Up or Regulate Big Tech? Avenues to Constrain Private Power in the DSA/DMA Package”. “The concentration of private power in the digital realm is not tenable – on this there is consensus. It extends across […]

In between illegal and harmful: a look at the Community Guidelines and Terms of Use of online platforms in the light of the DSA proposal and the fundamental right to freedom of expression (Part 2 of 3)

August 20, 2021/in Analysis

By Britt van den Branden, Sophie Davidse and Eva Smit* This blog is part two of three. See part 1 here. Part 3 will follow soon. In part one of this blog series, we showed that the Community Guidelines and Terms of Use (hereafter: CG and ToU) of six well known very large online […]