The Digital Services Act (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.

The DSA Observatory provides independent scientific input during the DSA debate and to engage different stakeholders on the DSA proposals, in particular on the challenge of confronting platform power from a fundamental rights and democratic values perspective. To achieve these goals, the Observatory will bring together a broad network of platform regulation experts in academia and other relevant stakeholders, including civil society organisations, policymakers and regulators.

The DSA Observatory will closely follow the DSA process and generate regular outputs on relevant developments, including through dissemination activities, workshops and expert meetings.

NEWS

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ANALYSIS

The Commission’s approach to age assurance: Do the DSA Guidelines on protecting minors online strike the right balance?

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By Sophie Stalla-Bourdillon, (Brussels Privacy Hub, LSTS, VUB)

The European Commission’s guidelines on protecting minors online take important steps toward building a comprehensive list of relevant service design and organizational measures that are relevant under Article 28(1) DSA. But in doing so, they also risk oversimplifying a complex regulatory trade-off that underlies the deployment of age assurance methods. This blog post argues that the guidelines overstate the proportionality of age verification and age estimation methods, sideline key data protection concerns, and miss the opportunity to articulate the implications of a rights-based, privacy-preserving design for all users.

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

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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.

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Report: Pathways to Private Enforcement of the Digital Services Act

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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.

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

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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.

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EVENTS

The Digital Services Act Observatory at the Amsterdam Law School will be hosting events on a variety of topics which are relevant to the DSA discussion and process. Information on these events will be posted here.

Please get in touch if you would like to share your ideas for a DSA-related event or discuss your research at one of our events.

24 November 2021 – Expert Workshop “Access to Justice and Content Moderation”

November 22, 2021/by admin

14 October 2021 – Expert Seminar “The DSA: Implications for Freedom of Expression”

October 10, 2021/by admin

30 June 2021 – “An Endless Odyssey? Content Moderation Without General Content Monitoring”

June 23, 2021/by admin

Joris van Hoboken to speak at event on “DSA & Community Content Moderation”

June 16, 2021/by admin
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ABOUT

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.

Project team

The core project team for the DSA Observatory is composed of prof. Joris van Hoboken, Ilaria Buri, Paddy Leerssen, dr. Ronan Fahy, prof. Natali Helberger, prof. Martin Senftleben, dr. João Pedro Quintais and Doris Bujis.

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 was launched thanks to the funding of the Open Society Foundations.

CONTACT

The DSA Observatory team can be reached by email at:

j.v.j.vanhoboken@uva.nl or i.buri@uva.nl

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