Answer given by Mr Breton on behalf of the European Commission

9.3.2021

On December 2020, the Commission proposed the Digital Services Act (‘DSA’), a horizontal legislative act to regulate the responsibilities of digital service providers that act as intermediaries in their role of connecting consumers with content, including information related to goods and services.

The proposed DSA sets out effective means for all actors in the online ecosystem to counter illegal content, as defined by Union law or national law consistent with Union law.

Therefore, the DSA does not itself define the illegality of content. In this context, any information related to commercial offers or advertisements of items that cause animal suffering defined as illegal by Union law or national law consistent with Union law will be covered by the obligations laid down in the proposed Digital Services Act.

More specifically, the proposed DSA empowers users to report illegal content related to goods through a harmonised notice and action mechanism.

Notice and action procedures also apply for potentially illegal ads, as for any other type of illegal content. Entities that have demonstrated particular expertise and competence (‘trusted flaggers’) will have a privileged channel to report illegal content.

The proposed DSA also regulates cross-border removal orders addressed by the judicial or administrative authorities to intermediary service providers established in other Member States in relation to illegal content.

Under the proposed DSA, certain online platforms will also be requested to trace the traders operating on their platforms. This will ensure a safe, transparent and trustworthy environment for consumers and discourage traders who abuse platforms to sell illegal products or services.