Digital Services Act in the context of "Electronic Commerce Directive 2000"

Digital Services Act in the context of "Electronic Commerce Directive 2000"

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⭐ Core Definition: Digital Services Act

The Digital Services Act (DSA) is an EU regulation that entered into force in 2022, establishing a comprehensive legal framework for digital services accountability, content moderation, and platform transparency across the European Union. It significantly updates the Electronic Commerce Directive 2000 in EU law by introducing graduated obligations based on service size and risk levels, and was proposed alongside the Digital Markets Act (DMA).

The DSA applies to all digital intermediary services, including hosting services, online platforms (such as social networks, online marketplaces, pornographic platforms, app stores), and search engines. It establishes a tiered regulatory approach: basic obligations for all services, enhanced duties for online platforms, and the most stringent requirements for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) with over 45 million monthly active users in the EU.

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👉 Digital Services Act in the context of Electronic Commerce Directive 2000

The Electronic Commerce Directive (2000/31/EC) in EU law sets up an Internal Market framework for online services. Its aim is to remove obstacles to cross-border online services in the EU internal market and provide legal certainty for businesses and consumers. It establishes harmonized rules on issues such as the transparency and information requirements for online service providers; commercial communications; and electronic contracts and limitations of liability of intermediary service providers. Finally, the Directive encourages the drawing up of voluntary codes of conduct and includes articles to enhance cooperation between Member States.

There was wide-ranging discussion within EU institutions about how to revise this directive which finally happened with the adoption of the Digital Services Act 2022.

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