The European Union’s landmark Digital Services Act was passed with much fanfare in 2022 and came into effect in February 2024, with the aim of making the online sphere safer and more transparent by imposing binding rules on technology companies. The rules in the DSA are designed to get stricter in proportion to the size of the firm, with the toughest measures reserved for what Brussels calls “very large online platforms and search engines,” including Amazon, Google and X (formerly Twitter).
However, in the 18 months since the law came into force, it has faced a number of serious obstacles to its effectiveness. These include the enormous political and financial clout of Big Tech, the dysfunctional nature of EU policy implementation mechanisms at the national level, fierce pushback from U.S. President Donald Trump and flaws in the central operating principle of the legislation itself.
The design and practical application of the DSA is very much centered around the concept of risk. Indeed, the act obliges large tech firms to assess and mitigate risks that could arise from use of their services in a range of areas, from civic discourse to public security. According to Marin Husovec of the London School of Economics, while this approach is an understandable attempt to make the DSA “more future proof,” it has the unwelcome effect of making the law “very vague.” And precisely how risk will be assessed and mitigated remains particularly unclear.