January 20, 2022

BRUSSELS – Global tech trade association the Information Technology Industry Council (ITI) issued the following statement from its Vice-President and Director General for Europe Guido Lobrano on the EU Parliament Plenary Vote on the Digital Services Act (DSA):

“The DSA is an important piece of legislation that will create a safer online ecosystem, impose new due diligence obligations on digital service providers, and could help advance the EU’s digital single market. ITI supports the objectives of the legislation and welcomes the decision to uphold the E-commerce Directive’s limited liability rules and the no-general monitoring obligation. We also commend the decision to maintain the ability to forward notices to platforms with the technical, operational or contractual capacity to act. Further, we appreciate the European Parliament’s revisions to harmonize rules on intermediaries’ liability and accountability for digital service providers, and the clarification that cloud service providers should not be considered online platforms.

“As policymakers continue to consider the legislation, we encourage them to maintain the original focus of the DSA, namely fostering a level-playing field for businesses with proportionate rules on the removal of illegal content online. ITI believes that the adoption of issue-specific provisions, such as a ban on dark patterns and regulating targeted advertisement, are missing nuances regarding the technicality and feasibility of these issues.

“The trilogue discussions will be an opportunity to ensure the rules are proportionate to a provider’s type of services offered and role in content moderation, and refine other provisions, such as the trusted flagger status, and the user redress mechanisms, which should move towards a more feasible complaint-handling system for companies.

“Moving forward, ITI will continue to act as a resource for legislators during the trilogues under the French Presidency, with the overarching goal of creating a safer digital space while at the same time fostering innovation, growth, and competitiveness.”

Public Policy Tags: Trade & Investment