Digital Services Act
Internet access over Gigabit networks needs to remain pure technical transmission, caching or hosting of signals without monitoring or manipulation of content.
DIGITAL SERVICES ACT
Address online platform issues whilst maintaining key internet freedoms and internal market principles
Individuals and businesses use gigabit networks to interact, share content, buy digital services and goods available via online platforms. Gigabit network operators are therefore part of the digital services ecosystem regulated under the E-Commerce Directive since 2000.
The Digital Services Act (DSA) builds on these rules and addresses the particular risk posed by the rapid growth of online platforms by clarifying and updating the existing liability regime and establishing a new set of due diligence obligations that should apply to large online platforms across the single market.
We support a tiered approach whereby obligations are progressively targeted, as close to the content source as possible, and proportionate to the role of the various intermediaries active in the digital services supply chain.
Preserve incumbent limited liability regime for passive intermediaries
Internet access over Gigabit connectivity networks is provided by services that qualify as mere conduits under the eCommerce Directive liability regime. It operates under a limited liability regime that warrants pure technical transmission, caching or hosting of signals without monitoring or manipulation of content.
The legal certainty provided by the incumbent liability regime for providers of passive intermediary services (‘mere conduit’, ‘caching’ and ‘hosting’) has allowed internet access and innovative digital services to emerge and scale-up across the internal market.
To foster competition, investment and innovation throughout the digital ecosystem, the following key internal market provisions and fundamental internet access operating pillars need to be preserved under the Digital Services Act:
- Country of origin
- Limited liability for passive intermediaries
- Prohibition of general monitoring obligations
We all stand to gain from a regulatory framework for digital services that sustains key drivers of trust in internet access and digitization as we move forward into Europe’s Digital Decade.