Digital Services Act
The Digital Services Act (DSA) establishes a harmonized regulatory framework for digital intermediary services in the EU. It seeks to ensure a safer and more responsible digital environment, especially for children, by imposing obligations on large platforms (VLOPs) regarding risk management, transparency, content moderation, and the protection of fundamental rights, including the best interests of the child.
Approved and in force. Progressive implementation from February 2024 (VLOPs from August 2023).
Age-appropriate design. Protection of minors from harmful content. Algorithmic transparency. Supervision of very large platforms (VLOPs and VLOSEs). Advertising targeted at minors. Systemic risk assessments. Due diligence obligations for digital intermediaries.
It prohibits targeted advertising based on profiles of minors (Art. 28).
It requires very large platforms (VLOPs) to assess and mitigate systemic risks, including harm to minors (Art. 34).It establishes special protection measures for the fundamental rights of children and adolescents (Arts. 14, 27, and 28).
It promotes interfaces and designs that are understandable to minors, avoiding manipulation (dark patterns).
It requires transparency regarding recommendation and personalization algorithms (Arts. 27 and 33).
It establishes a penalty regime of up to 6% of global turnover.
It creates a coordinating body for national authorities and the European Commission as a central supervisory body.European Commission with Digital Services Coordinators in each Member State.
The regulation represents a paradigm shift from self-regulation to ex ante and monitored regulation of platforms.
It introduces the obligation to design with child protection in mind, with a focus on the best interests of the child as a guiding principle.
Platforms must take special care to ensure that reporting, moderation, and customization tools are accessible and understandable to underage users.
European Union
In 2021, the EU adopted its first comprehensive strategy on the rights of the child . The strategy covers
six areas: children's participation, inclusion in society, child support
safe from harm, child-friendly justice, child safety in the digital world and
helps children around the world. The strategy includes, among other actions, an appeal
to update the Better Internet for Kids (BIK+) strategy and other recommendations
for Member States and businesses. Today, it seeks to advance it with guiding principles in digital environments.