Transparency obligations of VLOPs

As we have mentioned many times, the Digital Services Act (DSA,

Digital Services Act) is a new EU regulation whose primary goal is to create a safer online environment for users and providers of digital services (we wrote about this in more detail here ).

The DSA imposes on providers of intermediary services a range of transparency and due diligence obligations, with the aim of building a safe, predictable, and trustworthy online environment.

Recognizing the unique role and reach, as well as the additional risks associated with the activities of very large online platforms, the DSA places particular emphasis on regulating their due diligence and transparency obligations.

What are VLOPs?

VLOP (very large online platforms) refers to a very large online platform.

A very large online platform is one whose:, average monthly number of active recipients of the service in the EU is at least 45 million,, and which has been designated as a VLOP by the European Commission.

VLOPs include, among others: Facebook, TikTok, LinkedIn, Amazon Store, and Booking.com 1 .

What transparency obligations do VLOPs have?

Under the DSA, VLOPs are subject to various groups of transparency obligations.

Because VLOPs are providers of intermediary services, the obligations set out in Chapter III, Section 1 of the DSA apply to them, that is, those applicable to all providers of intermediary services .

These obligations include, in particular: designating a point of contact for the authorities of Member States, the Commission, and the European Board for Digital Services; designating a point of contact for recipients of the service; informing recipients of the service about the terms and conditions of use; and reporting obligations.

In addition, the obligations set out in Chapter III, Section 3 of the DSA, that is, those applicable to online platforms , will also apply to VLOPs.

These obligations include, in particular: providing access to an effective internal complaint-handling system; the obligation to inform users about the possibility of using out-of-court dispute settlement methods; ensuring priority handling of notices from trusted flaggers; as well as designing interfaces in a way that excludes the use of dark patterns.

Depending on whether a VLOP provides hosting services, it may also be subject to the obligations set out in Chapter III, Section 2 of the DSA, such as the obligation to provide a clear and specific statement of reasons for suspending or terminating the provision of services to a user who has supplied illegal content.

Additionally, if a VLOP offers consumers the option to conclude a distance contract, the obligations set out in Chapter III, Section 4 also apply to it, such as: the obligation to design and organize the online interface in a way that ensures users receive information about the products promoted and offered.

The DSA also sets out a special group of obligations directed at VLOPs, which include: providing a clear, easily accessible, and legible summary of the terms and conditions of use; translating the terms and conditions of use into the official languages of all Member States in which the VLOPs offer their services; and carrying out a risk assessment proportionate to the specific nature of their services.

Such an assessment should cover: the risk of dissemination of illegal content through their services; the risk of actual or foreseeable negative effects on the exercise of fundamental rights; as well as the risk of actual or foreseeable negative effects on civic discourse, electoral processes, and public security, as well as negative effects in relation to gender-based violence, the protection of public health and minors, and serious negative consequences for the physical and mental well-being of users; the application of measures to mitigate the risks identified in the above assessment, such as, among others: appropriate design of online interfaces, as well as adapting the terms and conditions of service and their enforcement, testing and adjusting algorithmic systems, including recommender systems, and adjusting content moderation processes; carrying out, at least once a year, an independent audit regarding compliance with the transparency obligations set out in Chapter III of the DSA and with commitments undertaken under codes of conduct; providing the competent Digital Services Coordinator or the Commission with access to the data necessary to monitor and assess compliance with this regulation; maintaining a repository containing information about the advertisements used; and establishing an organizational unit overseeing the VLOP's compliance with the DSA.

VLOPs that use recommender systems are required to provide at least one option for each of their recommender systems that is not based on profiling .

In summary, the DSA imposes many obligations on VLOPs, which are intended to build greater transparency and user safety in their use.

Each assessment of the obligations resting on VLOPs will be closely tied to the scope of their activities and the services they provide.

We look forward with anticipation to what practice will bring and how VLOPs will implement the obligations resting on them. https://www.telepolis.pl/wiadomosci/prawo-finanse-statystyki/unia-europejska-akt-o-uslugach-cyfrowych-bardzo-duze-platformy-i-wyszukiwarki-internetowe (accessed: 15.01.2024). Have a question?

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