Europe

The European Parliament has agreed to a draft set of measures to tackle illegal content on online platforms. The text was approved by Parliament by 530 votes to 78, with 80 abstentions. This will be used as the mandate to negotiate with the French presidency of the Council (until the end of June 2022), representing member states.

The Digital Services Act proposal defines clear responsibilities and accountability for providers of intermediary services, and in particular online platforms, such as social media and marketplaces. The DSA establishes a “notice and action” mechanism, as well as safeguards, for the removal of illegal products, services or content online.

Ivan Kurochkin’s comments

The Digital Services Act that was intended to provide a legal framework for the offering of digital services across the EU now faces criticism from more than 15 trade bodies, including the major European gambling association - European Gaming and Betting Association (EGBA).

The main concern of the EGBA (that it has recently raised in its official letter to the European Parliament) is that the Act's initial purpose was not in addressing every possible issue that may occur but to build a complementing foundation for various sectors that needed it.

However, the Parliament included additional amendments to the latest version of the act that may actually put barriers on online service providers, including online gambling operators. These amendments are a ban on targeted advertising, an extension of KYC requirements for hosting providers and a strict deadline to remove illegal content. Theу could make it harder for the online services providers to adopt the requirements of the Act.

Besides, the EGBA disagrees with the Act in terms of personal advertising since GDPR already covers the key areas related to personal data and the Act may overlap with the regulation and create an unnecessary collision.

 

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