Users’ rights on platforms and online marketplaces
The Digital Services Act (DSA)
Same rights online as offline
DSA makes advertising much more transparent
I can shop more safely with DSA and get real help if something goes wrong
Thanks to DSA, I’m less worried about children’s safety online
I can easily report illegal content online and get feedback
I get a clear explanation with the DSA why they deleted my content or blocked my account
What to do if you have a problem
01
First try to communicate your concerns directly to the provider, including any appeal you may have
02
You can then go to a court or out-of-court dispute settlement body
03
Alternatively, a complaint may be submitted to the CTU:
Please indicate which provider is concerned by the problem
Describe what happened
Document as much evidence as possible – e.g. copies of communication with the provider
FAQ
What is DSA?
On 17 February 2024, Regulation (EU) 2022/2065 on a Single Market For Digital Services and amending Directive 2000/31/EC (the so-called ‘DSA’) became fully applicable. The Regulation significantly amends the rules for the functioning of online intermediary services, such as providers of internet access, caching services, online marketplaces, social networks, cloud services, online platforms, web hosting or online search engines. The DSA grants users of these services new rights that give them more control and help create a safe, predictable and trusted online environment. In addition, the DSA supports the transparency of the digital ecosystem and the development of small and medium-sized enterprises (SMEs). Compliance with the new rules will be supervised by the Czech Telecommunications Office as a digital services coordinator.
What exactly has changed with the introduction of the DSA? And why do we need it?
The DSA protects users of online services and their rights in the digital environment. It promotes transparency, the competitiveness of the digital market and supports the development of small and medium-sized enterprises (SMEs). A crucial step is the change in the role of users, platforms and state authorities, where so far, due to a lack of regulation, all power has been on the platform side. This ratio is now being balanced in favour of both users and public authorities in order to better protect service users, including consumers.
What exactly does the CTU focus on as part of the platforms supervision?
Within its remit, the CTU focuses on the technical and procedural aspects of the functioning of digital services to the extent that the Office is required to do so by the DSA. I.e. functionality of systems for reporting illegal content, transparency of algorithms of recommender systems, protection of users from inappropriate moderation, protection of minors, cooperation with the European Commission to address systemic risks including automated abuse of services.
How will the CTU ensure compliance with the new obligations and restrictions for digital service providers?
In the first phase, the CTU will focus on raising awareness and engaging in discussions with digital service providers and other relevant stakeholders. We have been active in this direction for months. The objective is to ensure a higher protection of users in accordance with the DSA, immediately after the approval of the adaptation act in the Czech Republic. The Regulation contains a number of investigative and enforcement tools that can be used.
Will the CTU monitor and regulate the nature of the content?
According to the DSA, the coordinator is not required to assess the nature of the content, but only to check whether the procedures set out in the DSA have been followed.
How will the CTU regulate social media content and what are the possible impacts on freedom of expression? Does DSA imply censorship?
The DSA does not restrict freedom of expression but rather helps to protect it. For example, platforms cannot delete posts and comments without a proper explanation. The CTU will not examine the nature of content on social media or other platforms covered by the DSA. The CTU will review compliance with the DSA procedures under the Regulation. Moreover, it should be pointed out that the DSA does not impose any obligations or penalties on users, but only on service providers.
How will illegal content be reported and who will decide whether the content is illegal?
Under the DSA, every user will be able to report illegal content on the platform. Unlawfulness is determined by existing EU or national legislation. Both the notifier and the recipient concerned shall be informed of the possibilities of redress. If the provider does not act after the announcement, it becomes co-responsible for the content, and any affected recipient of the service can claim damages from it. The parties may refer any disputes to a court or a specialised out-of-court dispute settlement body.
How will the CTU ensure transparency of online intermediary services and how will this affect smaller businesses?
The CTU will check, among other things, whether providers publish content moderation reports, the number of disputes handled or the number of users. However, small and medium-sized enterprises (SMEs) are exempted from the obligation.
Does the DSA define illegal or disinformation content?
Illegal content is defined not by the DSA but by EU or national law. These are particularly serious acts such as hate speech, discrimination, terrorism, trafficking in human beings, illicit drug or arms trafficking, etc. Content illegalities will be assessed by the providers themselves if they become aware of them. A public authority may also impose measures against illegal content if it has the power to do so under a specific law. The DSA does not explicitly define disinformation content. Articles 34 and 35 of the DSA refer only to the obligation for very large platforms to take measures against systemic risks with adverse effects on fundamental rights and civic [DL1] discourse. The adequacy of these measures will be assessed by the European Commission.
Will the CTU decide on the illegality of the content and order its removal?
No. The CTU will assess compliance with the DSA procedures. The illegality of the content shall be governed by Union or national law and shall be assessed by the providers in accordance with their internal rules and applicable legal standards. The illegal content must be removed by the provider. The parties may refer any disputes to a court or a specialised out-of-court dispute settlement body.
Where can I find an overview of Very Large Online Platforms (VLOPS)?
The European Commission provides an overview of designated Very Large Online Platforms (VLOPS) and Very Large Online Search Engines (VLOSEs) under the supervision of the EC and the main enforcement activities. Available here: https://digital-strategy.ec.europa.eu/en/policies/list-designated-vlops-and-vloses#ecl-inpagewebgroupcz.
How does the DSA protect users of digital services and candidates during elections?
Check out the infographic to see how the DSA protects both users of digital services and candidates during elections.
Stáhnout PDF.