The DSA’s crisis approach: crisis response mechanism and crisis protocols

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Published date: February 21, 2023

Author: Doris Buijs and Ilaria Buri

Region: Europe,Global

Subject tag: Advertising | Algorithmic systems | Child safety | Data Access | Disinformation and misinformation | Government transparency | Privacy and data protection | Terrorism and violent extremism

In this blog post, we will see to what extent the critiques have been addressed in the final version of the DSA. We will do so by looking at what these crisis provisions entail, what exactly qualifies as a crisis, the interplay between the European Board for Digital Services (the Board), the Commission and platforms during such crises and lastly: the position of fundamental rights during these crises.

Although some of the critique has been addressed, many questions remain unaddressed. For example, the Commission cannot unilaterally declare a state of crisis anymore, and (some form of) time limits for the measures have been added to both of the provisions. Nevertheless, the Commission still has a large amount of power, mainly due to vague definitions and effort obligations, rather than clear, unambiguous language and hard obligations.