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What platforms need to know about the Digital Services Act (DSA): Part Three, The Enforcement

Líza Laškevičová

This is the second installment of a three-part blog series on the DSA. Miss the two blogs? Catch up on “The Scope” and “The Obligations.”

 

The Digital Services Act (DSA) is an EU regulation targeting digital platforms, much like the EU Copyright Directive and its Article 17, which was implemented in 2021. The DSA and the Copyright Directive have some similarities, but one of the main differences is that the DSA has much clearer and stronger sanctions for non-compliance. Under the DSA, there are national authorities called Digital Services Coordinators, which will have the ability to conduct investigations and fine platforms for breaching their obligations. We go over all the differences between the DSA and Article 17, as well the enforcement details, in our free DSA starter kit. Platforms of all sizes can get up to speed on what’s required in the DSA and how to start complying before the early 2024 deadline. Check out a preview of the kit below to learn more about the DSA’s enforcement network. 

DSA enforcement and compliance

Digital Services Coordinators will be the primary national authorities designated by the Member States to enforce the DSA and perform their tasks impartially, transparently, and in a timely manner. Member States where the platform’s main establishment is located have jurisdiction to enforce the DSA via Digital Services Coordinators.

Fines

Digital Services Coordinators may impose fines in the maximum amount of 6% of the annual income or turnover of the platform. Penalties for the supply of incorrect, incomplete, or misleading information, and failure to reply or rectify information, shall not exceed 1% of the annual income or turnover of the platform.

Digital Services Coordinators may also impose periodic penalty payments to ensure that platforms comply with an order to cease infringement. The maximum amount of such periodic penalty is 5% of the average daily turnover of the platform.

Compliance made easy for platforms

While the scope of the DSA is broad, it includes copyrighted content, and helps fill in some of the gaps that Article 17 leaves. At Pex, we’ve already built the most comprehensive solution to copyright identification and licensing. Our Attribution Engine allows platforms to plug into Pex’s market-leading technology to identify all uses of copyright in real time.

  • Thanks to pre-set rules and opt-in agreements from rightsholders, copyrighted content can be licensed and published in five or less seconds.
  • Attribution Engine manages takedowns, stay downs, reporting, and royalty payments.
  • It even includes a dispute resolution system that leverages the World Intellectual Property Arbitration and Media Center to power human review of disputes.

Pex removes copyright complexities for small, medium, and large platforms, so they can focus on content and creators. Download the starter kit for a full list of platform obligations under the DSA, or reach out to our team at [email protected] to learn more about DSA compliance. 

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