DSA Enforcement - TikTok
DATE OF UPDATE: 17 December 2024
LINKS
Digital Reform Video Series - Arthur Cox LLP
Commission opens formal proceedings against TikTok under DSA
CURRENT STATUS
The European Commission opened proceedings against TikTik on foot of a suspected breach of Articles 34(1), 34(2) and 35(1) of the EU Digital Services Act (Regulation (EU) 2022/2065) ("DSA"), as regards TikTok's obligation to properly assess and mitigate systemic risks linked to election integrity, notably in the context of the recent Romanian presidential elections on 24 November.
WHY IS THIS APPLICABLE TO CLIENTS?
This is the third investigation that the Commission has launched against TikTok and it illustrates the commitment of the Commission to use the enforcement tools under the DSA to safeguard democratic processes from potential manipulation and interference.
Coimisiún na Meán ("CnaM") – Challenge to Online Safety Code
DATE OF UPDATE: 16 December 2024
LINKS
Coimisiún na Meán statement on the Online Safety Code - Coimisiún na Meán
CURRENT STATUS
Twitter International Unlimited Company (X) has lodged a judicial review against the Online Safety Code.
Coimisiún na Meán – Terrorist Content Online Regulation
DATE OF UPDATE: 16 December 2024
LINKS
Additional determination made under Terrorist Content Online Regulation (TCOR) - Coimisiún na Meán
CURRENT STATUS
Under the Terrorist Content Online Regulation (Regulation (EU) 2021/784 ), hosting service providers which receive two or more final removal orders from EU competent authorities within the last 12 months may be determined as being exposed to terrorist content. Coimisiún na Meán has determined that Meta (in respect of Facebook) services are exposed to terrorist content. In November, CnaM determined that TikTok, X and Meta (in respect of Instagram) are exposed to terrorist content online. These organisations are now obliged to take specific measures to protect their services from being used for the dissemination of terrorist content.
Content Regulation – Advertising
DATE OF UPDATE: 4 December 2024
LINKS
Advertising Standards Authority (ASA) signs agreement with Coimisiún na Meán - Coimisiún na Meán
CURRENT STATUS
The Advertising Standards Authority has signed an agreement with Coimisiún na Meán to establish a framework of cooperation between both organisations in matters of common interest relating to advertising and commercial marketing communication.
European Digital Identity Framework Regulation: Technical Standards
DATE OF UPDATE: 28 November 2024
APPLICABLE DATES:
The implementing regulations have been published in the Official Journal and enter into force on 24 December.
LINKS
European Commission update on technical standards for cross-border European Digital Identity Wallets
Implementing regulation - EU - 2024/2977 - EN - EUR-Lex
Implementing regulation - EU - 2024/2979 - EN - EUR-Lex
Implementing regulation - EU - 2024/2980 - EN - EUR-Lex
Implementing regulation - EU - 2024/2981 - EN - EUR-Lex
Implementing regulation - EU - 2024/2982 - EN - EUR-Lex
CURRENT STATUS
The European Commission adopted five implementing regulations for the core functionalities and certification of the European Digital Identity (eID) Wallets under the European Digital Identity Framework.
WHY IS THIS APPLICABLE TO CLIENTS?
European Digital Identity Wallets will offer private users and businesses a universal, trustworthy and secure way to identify themselves when accessing public and private services across borders.
Very Large Online Platforms ("VLOPs") designated under the Digital Services Act that are legally required to authenticate their users will have to accept the EU Digital Identity Wallet for logging into their online services.
Content Regulation - Enforcement
DATE OF UPDATE: 8 November 2024
LINKS
CURRENT STATUS
Coimisiún na Meán and An Garda Síochána published an Information Pack for all election candidates running in the then upcoming General Election.
The pack offers guidance for candidates in the elections on what to do when they are faced with harmful and/or illegal content or behaviour online.
DSA – Enforcement - Formal Proceedings - Temu
DATE OF UPDATE: 31 October 2024
LINKS
Commission opens formal proceedings against Temu under DSA
CURRENT STATUS
The Commission opened formal proceedings to assess whether Temu may have breached the DSA in areas linked to the sale of illegal products, the potentially addictive design of the service, the systems used to recommend purchases to users, as well as data access for researchers.
WHY IS THIS APPLICABLE TO CLIENTS?
The decision to open proceedings follows preliminary analyses of the risk assessment report provided by Temu as well as other information. It demonstrates the role of the risk assessment in the enforcement activities by the Commission.
DSA - Consultation
DATE OF UPDATE: 29 October 2024
APPLICABLE DATES:
The consultation will run until 26 November 2024. After gathering public feedback, the Commission plans to adopt the rules in the first quarter of 2025.
LINKS
CURRENT STATUS
The Commission launched a public consultation on the draft delegated act on access to online platform data for vetted researchers under the DSA.
WHY IS THIS APPLICABLE TO CLIENTS?
The draft delegated act clarifies the procedures on how researchers can access Very Large Operating Platforms' data.
Content Regulation - Audiovisual Media Services Directive
DATE OF UPDATE: 25 October 2024
LINKS
S.I. No. 557/2024 - European Union (Audiovisual Media Services) Regulations 2024
CURRENT STATUS
The European Union (Audiovisual Media Services) Regulations 2024 give further effect to Articles 1, 2, 3, 4, 28a and 30a of Directive 2010/13/EU, as amended by Directive (EU) 2018/1808 (the "AVMSD"). Provision is made for notifying the European Commission where there is disagreement regarding the jurisdiction over a media service provider or a provider of video-sharing platform service. The Regulations also provide for freedom of reception and restriction of retransmission and for cooperation of national regulatory authorities or bodies.
WHY IS THIS APPLICABLE TO CLIENTS?
The rules transposing the AVMSD into Irish law will be applicable to video-sharing platform services designated by Coimisiún na Meán.
Content Regulation – Online Safety Code
DATE OF UPDATE: 21 October 2024
LINKS
Coimisiún na Meán adopts final Online Safety Code - Coimisiún na Meán
CURRENT STATUS
Coimisiún na Meán published the final version of the Online Safety Code.
WHY IS THIS APPLICABLE TO CLIENTS?
The Online Safety Code sets binding rules that apply to video-sharing platforms who have their EU headquarters in Ireland.
DSA – Enforcement – Transparency Reports
DATE OF UPDATE: 18 October 2024
LINKS
CURRENT STATUS
The Commission issued requests for information under the DSA to Pornhub, Stripchat and XVideos on their transparency reports and advertisement repositories. This is the second set of RFIs sent to Pornhub, Stripchat and XVideos. The first RFI focused on information related to protection of minors, including details on age assurance mechanisms, as well as the amplification of illegal content, gender-based violence and on the internal organisation of companies to ensure compliance.
DSA – Enforcement - RFI - Temu
DATE OF UPDATE: 11 October 2024
LINKS
CURRENT STATUS
The Commission issued a request for information under the DSA to Temu requesting the platform to provide detailed information and internal documents on the mitigation measures taken against the presence and reappearance of traders selling illegal products on its online marketplace.
The Commission also sent an RFI to Temu on 28 June 2024 on the measures taken to comply with the 'Notice and Action mechanism' to notify illegal products, 'dark patterns' on its online interfaces, the protection of minors, the transparency of recommender systems, the traceability of traders and compliance by design.
DSA – Out of Court Dispute Settlement
DATE OF UPDATE: 8 October 2024
LINKS
CURRENT STATUS
Coimisiún na Meán published details of the certification of Appeals Centre Europe as an Out-of-Court Dispute Settlement ("ODS") body. Under the DSA, bodies which are established in Ireland may apply to CnaM for certification as an ODS body (Article 21(3) DSA).
WHY IS THIS APPLICABLE TO CLIENTS?
Providers of online platforms must ensure that information about the possibility for recipients of the service to have access to an out-of-court dispute settlement, is easily accessible on their online interface, clear and user-friendly.
DSA – Enforcement – YouTube, Snapchat and TikTok
DATE OF UPDATE: 2 October 2024
LINKS
CURRENT STATUS
The Commission sent a request for information ("RFI") to YouTube, Snapchat, and TikTok under the DSA, asking the platforms to provide more information on the design and functioning of their recommender systems.
WHY IS THIS APPLICABLE TO CLIENTS?
The RFI illustrates the ongoing focus on compliance with the DSA by the Commission.
DSA – Implementation
DATE OF UPDATE: 5 November 2024
LINKS
Implementing regulation - EU - 2024/2835 - EN - EUR-Lex
CURRENT STATUS
Commission Implementing Regulation (EU) 2024/2835 as regards transparency reporting obligations of providers of intermediary services and of providers of online platforms under the DSA was published in the Official Journal of the EU.
The Implementing Regulation sets out templates for reports required pursuant to Articles 15(1), 24(1) and 42(2) DSA from providers of intermediary services, providers of hosting services, providers of online platforms, VLOPs and VLOSEs.
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.
