Digital Services Act (DSA) – Commission Enforcement
DATE OF UPDATE: 27 May 2025
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Commission opens investigations to safeguard minors from pornographic content under the DSA
CURRENT STATUS
The European Commission (Commission) announced preliminarily findings that Pornhub, Stripchat, XNXX, and XVideos have breached the DSA. The findings relate to a lack of measures to ensure safeguarding of minors.
In parallel, the Commission announced the termination of the designation of Stripchat as a Very Large Online Platform (VLOP), due to lower numbers of recipients.
WHY IS THIS APPLICABLE TO CLIENTS?
Protecting young users online is one of the key enforcement priorities under the DSA as demonstrated by the Commission's investigation and the other actions set out below.
NEXT STEPS
The Commission will now conduct further in-depth investigation to gather evidence.
Digital Services Coordinator (DSC) Enforcement
DATE OF UPDATE: 27 May 2025
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CURRENT STATUS
The European Board for Digital Services launched a coordinated action to reinforce the protection of minors as regards pornographic platforms. DSCs, where necessary in cooperation with other national competent authorities, plan to identify pornographic platforms and evaluate their age verification measures with a view to taking investigative and enforcement action, where necessary.
WHY IS THIS APPLICABLE TO CLIENTS?
This action reflects the growth of enforcement activity focused on the protection of children online.
Clients will also be aware of the imperative in the GDPR to provide specific protection for children with regard to their personal data, as illustrated, for example in the DPC's decision in 2023 on the processing by TikTok Technology Limited of personal data relating to child users of the TikTok platform.
NEXT STEPS
If client is within scope of the DSA, evaluate existing measures for the protection of minors in the context of the obligations under the regulation.
Broadcasting Act 2009 – Reddit
DATE OF UPDATE: 23 May 2025
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Reddit de-designated as Video-Sharing Platform Service - Coimisiún na Meán
CURRENT STATUS
Coimisiún na Meán (CnaM), pursuant to Section 139I of the Broadcasting Act 2009 and after consultation with Reddit, Inc., and Reddit Netherlands B.V. revoked the designation of Reddit as a named video-sharing platform service (VSPS), as it no longer under the jurisdiction of the State.
WHY IS THIS APPLICABLE TO CLIENTS?
Reddit's service to users in the EU is now provided by a Dutch entity. This means that CnaM's online safety codes no longer apply to the service and illustrates the application of the EU country-of-origin principle.
EU Business Wallet
DATE OF UPDATE: 15 May 2025
IMPLEMENTATION/DEADLINE DATE:
Feedback period ended on 12 June 2025
LINKS
CURRENT STATUS
The Commission launched a Call for Evidence in relation to the EU Business Wallet.
The initiative aims to establish a universally accepted digital identification and authentication system for economic operators and public administrations.
WHY IS THIS APPLICABLE TO CLIENTS?
The Wallet is designed to improve business efficiency and reduce the number of resources allocated to administrative procedure.
Consumer Online Platform Providers Levy Order 2025
DATE OF UPDATE: 14 May 2025
IMPLEMENTATION/DEADLINE DATE:
The Order came into operation on the 1 June 2025.
LINKS
CURRENT STATUS
This Order imposes a levy on consumer online platform providers sufficient to meet the Competition and Consumer Protection Commission's expenses and its working capital requirements incurred in the levy period relating to the performance of its functions as the competent authority in respect of Articles 30, 31 and 32 of Regulation (EU) 2022/2065 as designated by section 44 of the Digital Services Act 2024.
WHY IS THIS APPLICABLE TO CLIENTS?
The Order will be of relevance to consumer online platform providers.
DSA – Protection of Minors Online
DATE OF UPDATE: 12 May 2025
IMPLEMENTATION/DEADLINE DATE:
The draft guidelines were open for final public feedback until 10 June 2025.
LINKS
Navigating Age Assurance in the Online World: A Statement from the EDPB
CURRENT STATUS
The Commission launched a public consultation on its draft guidelines on the protection of minors online, which aim to assist online platforms in ensuring a high level of privacy, safety, and security for children online.
WHY IS THIS APPLICABLE TO CLIENTS?
The guidelines outline a non-exhaustive list of measures that all platforms, except for micro and small enterprises, can implement to protect minors, using a default approach that is guided by privacy by design.
NEXT STEPS
The Commission is developing a white label age-verification app, intended to bridge the gap until the EU Digital Wallet becomes available by the end of 2026.
DSA- Trusted Flagger
DATE OF UPDATE: 9 May 2025
LINKS
The Central Bank of Ireland awarded Trusted Flagger status - Coimisiún na Meán
Digital Reform: Illegal Content - Monitoring and Moderation under the DSA
CURRENT STATUS
The Central Bank of Ireland was awarded Trusted Flagger status under the DSA.
Trusted Flaggers are empowered to identify, detect and notify illegal content within their area of expertise to online platforms.
WHY IS THIS APPLICABLE TO THE CLIENT?
Providers of online platforms will take note of the appointment of Trusted Flaggers and ensure these entities are clearly identified within their moderation processes.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
