EU’s Digital Services Act – UPSC GS3

Context: The European Parliament has passed the Digital Services Act (DSA), which aim towards protecting the privacy of users.
What is the earlier Data Protection Rule EU had?
  • The EU already had the General Data Protection Regulation (GDPR), which offers granular privacy protection to anybody (not only EU citizens).
  • GDPR classified data about race, ethnicity, political opinions, religious beliefs, etc.
  • An online platform cannot use such data for targeted advertisement. Dark patterns are prohibited.
  • These refer to links that include users to affiliate websites or advertisements.
What does the Digital Services Act talk about?
  • It lays down the dos and don’ts about the removal of harmful, illegal content, facilitating sales of illegal products, targeted advertising, and the way interfaces are designed.
  • It also makes it mandatory for large online platforms to do the risk assessment annually or semi-annually about the dissemination of illegal content, the malfunctioning of the given service, and any “actual and foreseeable negative effects on the protection of public health”.
  • New requirements have been added to tackle deep fakes.
  • The act prohibits platforms that distort recipients’ ability to make free and informed decisions.
  • It is against alleged practices which induce users to purchase goods that they do not want or reveal any personal information.
What are the conditions specified in the DSA act to protect users?
  • Intermediaries should not make websites that make certain consent options more prominent.
  • Use of targeting techniques that reveal the personal data of minors is prohibited.
  • Deep fakes should be clearly labelled.
  • Platforms must provide information as how the data will be monetized to recipients so that they can make informed consent.
  • Platforms are prohibited from disabling users access to functionalities if they refuse to give consent.

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