Investigator:
Nikolaos Theodorakis

Abstract:
Recently, the European Commission published a set of proposals geared to, inter alia, regulate digital platforms. The relevant package included the Digital Markets Acts (DMA), addressing primarily
antitrust-related requirements, and the Digital Services Act (DSA), addressing primarily regulatory matters. In particular, the DSA attempts to regulate long-debated topics such as (i) the liability of online
platforms; (ii) the platforms’ obligations regarding content moderation and (iii) transparency of advertising. These proposals are intended to apply to all digital services, including social media, online marketplaces, and other online platforms. As such, EU companies and US companies active in the EU will need to consider how these rules may affect their operations and the respective obligations they may have. The paper will discuss the history behind the DMA/DSA proposal, including the dated e-Commerce Directive, and will further dive into the DSA and how the obligations that it envisages for online platforms may have a significant impact on how EU and US technology companies do business. The paper will conclude with next steps as applicable, since this is a dynamic field.