The EU Digital Services Act (DSA) – A Commentary
	Författare: Novovic Milos Titel: The EU Digital Services Act (DSA) – A Commentary Utgivningsår: 2024 Omfång: 560 sid. Förlag: Kluwer Law International ISBN: 9789403510774 Produkttyp: Inbunden Typ av verk: Kommentar Ämnesord: IT-rätt , Offentlig rätt , EU-rätt Pris: 2484 SEK exkl. moms   The EU Digital Services Act (DSA) is a book furnishing a comprehensive framework regulating the provision of digital intermediary services in the EU internal market. It elucidates the conditions under which service providers can avoid being held liable for their users’ illegal content, establishes a set of harmonized duties they must follow, and sets broad safeguards for users’ rights. What’s in this book: As an extensive article-by-article commentary, this book offers an exhaustive guide to the complex web of the DSA’s tightly intertwined provision. On a systemic level, it also contextualizes the DSA by exploring its relationship with other relevant legal instruments, such as consumer protection, data protection, and private international law. Among the topics and issues addressed are the following: Liability and Content Moderation: - liability of online services which transmit, cache, or store illegal user content; - rules on removing, reducing visibility of, or otherwise moderating content which is illegal or breaches terms of service; and - acting against user content based on own investigations, governmental orders, or received notices, and rights and redress possibilities given to users. Service-Specific Obligations: - rules affecting profiling-based advertising, content recommendation systems, and user interface design; - duties of platforms which disseminate user content, obligations of online consumer marketplaces, and exemptions for micro and small enterprises; - novel transparency reporting duties, publication of databases and reports, and provision of access to platform data and algorithms; and duties of very large online platforms and search engines. Enforcement Framework: - competencies, tasks and powers of authorities and the EU Commission to monitor compliance, investigate infringements and impose sanctions; - national, cross-border and European coordination, cooperation and enforcement mechanisms; and - issues of jurisdiction and applicable law, and duties of providers established outside of the EU. How this will help you: Considering the DSA’s scope, this book will be invaluable to businesses of any size that handle user content. It will be highly appreciated by a broad audience of legal practitioners, public officials, civil society stakeholders, researchers, and content creators. All professionals working with user content management issues will gain valuable compliance insights from this book. Table Of Contents List of Abbreviations Preface Article 1: Subject matter Article 2: Scope Article 3: Definitions Article 4: “Mere conduit” Article 5: “Caching” Article 6: Hosting Article 7: Voluntary own-initiative investigations and legal compliance Article 8: No general monitoring or active fact-finding obligations Article 9: Orders to act against illegal content Article 10: Orders to provide information Article 11: Points of contact for Member States’ authorities, the Commission and the Board Article 12: Points of contact for recipients of the service Article 13: Legal representatives Article 14: Terms and conditions Article 15: Transparency reporting obligations for providers of intermediary services Article 16: Notice and action mechanisms Article 17: Statement of reasons Article 18: Notification of suspicions of criminal offences Article 19: Exclusion for micro and small enterprises Article 20: Internal complaint-handling system Article 21: Out-of-court dispute settlement Article 22: Trusted flaggers Article 23: Measures and protection against misuse Article 24: Transparency reporting obligations for providers of online platforms Article 25: Online interface design and organisation Article 26: Advertising on online platforms Article 27: Recommender system transparency Article 28: Online protection of minors Article 29: Exclusion for micro and small enterprises Article 30: Traceability of traders Article 31: Compliance by design Article 32: Right to information Article 33: Very large online platforms and very large online search engines Article 34: Risk assessment Article 35: Mitigation of risks Article 36: Crisis response mechanism Article 37: Independent audit Article 38: Recommender systems Article 39: Additional online advertising transparency Article 40: Data access and scrutiny Article 41: Compliance function Article 42: Transparency reporting obligations Article 43: Supervisory fee Article 44: Standards Article 45: Codes of conduct Article 46: Codes of conduct for online advertising Article 47: Codes of conduct for accessibility Article 48: Crisis protocols Article 49: Competent authorities and Digital Services Coordinators Article 50: Requirements for Digital Services Coordinators Article 51: Powers of Digital Services Coordinators Article 52: Penalties Article 53: Right to lodge a complaint Article 54: Compensation Article 55: Activity reports Article 56: Competences Article 57: Mutual assistance Article 58: Cross-border cooperation among Digital Services Coordinators Article 59: Referral to the Commission Article 60: Joint investigations Article 61: European Board for Digital Services Article 62: Structure of the Board Article 63: Tasks of the Board Article 64: Development of expertise and capabilities Article 65: Enforcement of obligations of providers of very large online platforms and of very large online search engines Article 66: Initiation of proceedings by the Commission and cooperation in investigation Article 67: Requests for information Article 68: Power to take interviews and statements Article 69: Power to conduct inspections Article 70: Interim measures Article 71: Commitments Article 72: Monitoring actions Article 73: Non-compliance Article 74: Fines Article 75: Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III Article 76: Periodic penalty payments Article 77: Limitation period for the imposition of penalties Article 78: Limitation period for the enforcement of penalties Article 79: Right to be heard and access to the file Article 80: Publication of decisions Article 81: Review by the Court of Justice of the European Union Article 82: Requests for access restrictions and cooperation with national courts Article 83: Implementing acts relating to Commission intervention Article 84: Professional secrecy Article 85: Information sharing system Article 86: Representation Article 87: Exercise of the delegation Article 88: Committee procedure Article 89: Amendments to Directive 2000/31/EC Article 90: Amendment to Directive (EU) 2020/1828 Article 91: Review Article 92: Anticipated application to providers of very large online platforms and of very large online search engines Article 93: Entry into force and application Table of Legislation Table of Cases Reports and Materials Bibliography Index
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