Digital Service Act in a nutshell

DSA: what does this change for you?

The Digital Services Act (DSA) is a European regulation in force since 17 February 2024.

The regulation aims to make the online environment safer and fairer for users.

✅ What is the aim of the DSA:

• Safer and more reliable internet: platforms need to act upon notices of illegal content and disinformation better;
• more transparency: for instance, you have the right to know why content posted online by you (a text, an image, a video, …) has been removed or why certain content is recommended;
• Better protection of your fundamental rights: freedom of expression, non-discrimination, privacy, etc.;
• Better protection of minors;
• Possible remedies if you are unsatisfied with a decision of the platform about you.

⚠️ What the DSA does not do:

• It does not define what is illegal: Belgian and European laws see to this.

For instance: rules related to
- intellectual property,
- online sales,
- financial and credit services,
- product safety,
- audiovisual media services,
- protection of personal data,
- public health etc.

What can you do to assert your rights?

1) Submit a notice to the platform

Use the reporting system of the relevant platform (social networks, online platforms, online marketplaces , etc.).

The platform must offer you an easily accessible means of reporting, and process your notice within a reasonable period.

A notice may concern:

✅ illegal content (e.g.: insult, defamation, incitement to hatred, terrorism, sexual images of minors, scam);
✅ a user or account (e.g.: fake account, abusive profile, , account termination, malicious bot, such as malicious chatbots that mimic human interaction to obtain your account number or other personal information);
✅ an advertisement or product (e.g. fraudulent advertisement).

2) If you do not agree with a decision of the platform, lodge a complaint with this platform

If you do not agree with the decision taken by the platform regarding your notice (e.g. it refuses to remove content that you have reported), you can lodge a complaint with the platform itself.

✅ You have six months from the moment you receive the decision of the platform to do so.
✅ This complaint is submitted free of charge and online, via an easy, accessible and user-friendly system provided by the platform for this purpose.
✅ The platform must handle your complaint rapidly, seriously and without discrimination. It has to read it and make a decision with qualified people (not just a robot).
✅ It should clearly explain their new decision to you and tell you if other solutions exist (such as an ombudsman or legal appeal).

3) Report illegal content to the relevant authority

As a reminder, the DSA does not define what is illegal in Belgium. That depends on Belgian legislation.

👉 If you encounter manifestly illegal content, you must also report it to the authority responsible for monitoring the law in that area:
 

• Fraudulent or misleading content (products, scams)
  ⇒  FPS Economy, FSMA (for financial scams)
   
• Prohibited medicines or products that may harm health
  ⇒ FAMHP (for the prohibited medicines), FPS Public Health;
   
• Harassment, threats, criminal offences
  ⇒ local police/prosecutor’s office
   
• Invasion of privacy or personal data
  ⇒ Data Protection Authority;
   
• Copyright infringement
  ⇒ Anti-piracy.

👉 Reporting these facts may result in legal prosecutions or administrative measures.

4) File a complaint with the BIPT if the platform does not react

If the platform ignores your notice or offers no means of submitting a notice, you can lodge a complaint with the BIPT.  You can also lodge a complaint with the BIPT if you are not satisfied with the follow-up given under the internal complaint system of an online platform.

Want to lodge a complaint? Go to Filing a complaint.

5)  Appeal to an out-of-court dispute settlement body

If you do not agree with a decision taken by a platform, you can submit your dispute to a recognised body.

⚖️ You will always retain the right to bring the case before a national court.

More information can be found on Out-of-court dispute settlement bodies.

To whom does the DSA apply?

Who are the providers of online intermediary services?

The DSA is applicable to providers of online intermediary services. These are services that transmit, store or disseminate content of users, among which online platforms such as Facebook, Instagram, TikTok, Vinted, etc. The DSA is applicable to these services when they are offered within the European Union, regardless of where they are established. 

🠊 If you wish to know more about these providers and their obligations, go to the page: Providers of online intermediary services;
🠊 If you wish to know more about their obligations, please see the page above, or you can also visit this European Commission's page.

Who enforces the DSA in Belgium?

🏛️ The BIPT is the national digital service coordinator for the implementation of the DSA, also one of the competent authorities (federal level) together with:

• The CSA (French Community) 
• The Medienrat (German-speaking Community) 
• The VRM (Flemish Community) 

What are the main tasks of these authorities? 

Specific tasks of the BIPT as a coordinator: 

• The BIPT coordinates at Belgian level all matters related to the monitoring and enforcement of the DSA and contributes to the effective and consistent monitoring and enforcement of the Regulation across the European Union. 
• The BIPT acts as a single point of contact by ensuring a good flow of information with the other competent authorities, the coordinators of the other Member States, the European Board for Digital Services, the European Commission and the providers of intermediary services. 
• The BIPT receives the complaints from intermediary service users, certification and vetting applications (trusted flaggers, out-of-court dispute settlement bodies, vetted researchers). 
• The BIPT centralises information on orders to remove online content or provide information issued by ordering authorities to a provider of intermediary services. 

Tasks and competences of the Belgian competent authorities (BIPT, VRM, CSA, Medienrat, according to their respective competences):

• They implement the DSA and make sure that providers of online intermediary services established in Belgium (or with a legal representative in Belgium) fulfil their obligations. 
• They can prosecute a provider for breaching the DSA and impose penalties. For example: impose a fine of up to 6% of the global turnover, to prevent a risk of serious harm: they can impose interim measures. 

And at European level? 

• The European Commission supervises the very large online platforms and search engines with an average monthly number of active users in the EU reaching and exceeding 45 million, such as TikTok, Google, Meta, Amazon, X, Snapchat, etc. 
• These services are subject to strengthened obligations to limit systemic risks (manipulation of information, undermine public security, etc.). 
• The European Commission works closely and continuously with the national coordinators (such as the BIPT) who themselves may call upon any competent authority whose contribution they deem necessary. 
• The European Board for Digital Services supports national coordinators as well as the European Commission by providing them with advice and assistance.

DSA: key players and their modes of action

Several players play an essential role in ensuring the security and transparency of online platforms in the context of the DSA.

The table below provides a simplified overview of the main stakeholders and their roles: