Milos Novovic
The EU Digital Services Act (DSA)
A Commentary
Gebonden Engels 2024 1e druk 9789403510774Op voorraad
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About this book:
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.
Specificaties
ISBN13:9789403510774
Taal:Engels
Bindwijze:gebonden
Uitgever:Kluwer Law International
Druk:1
Verschijningsdatum:10-9-2024
Hoofdrubriek:Juridisch
Jongbloed:Europees recht
Lezersrecensies
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Inhoudsopgave
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
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
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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Rubrieken
- advisering
- algemeen management
- coaching en trainen
- communicatie en media
- economie
- financieel management
- inkoop en logistiek
- internet en social media
- it-management / ict
- juridisch
- leiderschap
- marketing
- mens en maatschappij
- non-profit
- ondernemen
- organisatiekunde
- personal finance
- personeelsmanagement
- persoonlijke effectiviteit
- projectmanagement
- psychologie
- reclame en verkoop
- strategisch management
- verandermanagement
- werk en loopbaan