The Digital Services Act (DSA) is a comprehensive European Union regulation that came into effect to create a safer digital environment and protect your fundamental rights online. Laws like the DSA are drafted by the European Commission and approved by the European Parliament and Council of the European Union (which represent EU citizens and Member States respectively). As a regulation rather than a directive, the DSA applies directly across all EU countries without needing separate national laws. This ensures consistent protection for all European consumers, regardless of whether you’re browsing in Berlin or Barcelona.
What are your rights under the DSA?
The DSA doesn’t just safeguard your rights on paper. It actually empowers you to have genuine control over what you see online and to better understand the content and advertisements you come across when browsing the internet. Under this legal framework, you’ve gained several important protections designed to make your online experience safer and more transparent:
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Your Right to Report Illegal Content
Spotted something dodgy online? You can notify platforms about specific content you believe is illegal through user-friendly electronic reporting mechanisms that platforms must provide. They can’t just ignore you either. Platforms must process your reports in a timely, diligent manner and provide you with confirmation they’ve received your report plus their decision on the content. No more shouting into the void.
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Your Right to Challenge Platform Decisions
Has your content been removed or has your account been restricted unfairly? You’ve got options. If a platform removes your content or restricts your account, you can challenge their decision using internal complaint mechanisms. You have at least six months after being notified of the restriction to file a complaint. Platforms must review your complaint properly (not just tick a box) and may reconsider or even reverse their decision based on your arguments.
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Your Right to Advertising Transparency
Ever wondered why the internet decided to serve you that specific ad today? Now you’ll know. When you see advertisements on online platforms, you have the right to clearly identify that content is an advertisement, know who’s behind the ad, understand why you’re seeing it, and access information about how to change your advertising preferences (where applicable).
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Your Right to Data Protection in Advertising
Here’s where things get interesting. Platforms are prohibited from showing you targeted advertisements based on sensitive personal data such as ethnicity, political views, or sexual orientation. And if you’re under 18? Platforms can’t target advertisements to you based on your personal data at all. Period.
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Your Right to Control Personalised Recommendations
On very large platforms (those with over 45 million monthly active users in the EU), you can discover how content is ranked in your feeds and choose to opt out of personalised recommendations. Major social media platforms currently offer options to disable personalised feeds.
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Your Right to Independent Dispute Resolution
Think of this as having a referee when things go wrong. You can challenge platform decisions through certified out-of-court dispute settlement bodies, providing an alternative to lengthy court proceedings. These independent bodies can review platform decisions, though their settlements aren’t binding and you retain the right to pursue court action if necessary.
What should digital ads look like under the DSA?
Under Article 26 of the DSA, you have specific rights regarding digital advertisements presented to you on online platforms. These requirements aim to promote greater advertising transparency and accountability across the digital ecosystem. But what does this actually mean for you?
When you see a digital advertisement on an online platform, you should be able to access the following information clearly and in real time:
- ▶ Clear advertisement labelling that the content is an advertisement, including through prominent markings
- ▶ Advertiser identity showing the natural or legal person on whose behalf the advertisement is presented
- ▶ Payment source identifying who paid for the advertisement if different from the advertiser
- ▶ Targeting information providing details about why you’re seeing this specific advertisement and, where possible, how you can change those targeting parameters
The AdChoices Icon serves as the most commonly used tool by advertisers to enable you to access this transparency information. When you click on this icon, usually placed at the top-right corner of a digital ad, you’ll find comprehensive information about the advertisement and options to control your advertising preferences. It’s that little blue triangle you’ve probably seen but never clicked on.
What is the AdChoices Icon?
The AdChoices Icon is a consumer-facing, interactive symbol that links consumers to an online portal, YourOnlineChoices.eu, where anyone can find easy-to-understand information about data-driven advertising as well as a mechanism for exercising informed choice over tailored, personalised ads.
Digital advertisements may appear differently across various platforms. Examples of advertisements that fall within the DSA’s scope include:
- ▶ A “promoted” post or image appearing within your social media feed
- ▶ A “sponsored” product appearing at the top of search results on an online marketplace
- ▶ Banner advertisements on news websites or content platforms
- ▶ Video advertisements on streaming platforms
- ▶ Recommended content marked as advertising on social networks
YourOnlineChoices.eu represents one of the key solutions used by the advertising industry, designed to help you comprehend and change the profiling parameters used to target advertisements to you. Through this portal, you can control your interest-based advertising preferences, make a choice between personalised and generalised advertising from participating companies, and learn more about how online advertising works.
The portal provides choice and control over your online advertising and privacy preferences whilst ensuring the continued availability of free digital content and services. Think of it as your personal advertising control panel.
What to do as a consumer?
You don’t have any direct obligations under the DSA as a consumer. But when you notice something that appears problematic (such as a digital advertisement that doesn’t provide proper transparency information or illegal content that hasn’t been addressed), you can take action to ensure these issues are investigated and corrected.
Reporting Through Notice and Action Mechanisms
You can report illegal content directly to hosting services and online platforms through their “notice and action” mechanisms. These are easy-to-access, user-friendly mechanisms that allow you to submit reports electronically. When submitting a notice, you should provide sufficient detail about why you believe the content is illegal and specify its exact location.
Your report should include:
- ▶ A clear explanation of why you consider the content illegal
- ▶ The exact electronic location (URL) of the problematic content
- ▶ Your contact information for follow-up
- ▶ A statement confirming your good faith belief in the accuracy of your report
Platforms must acknowledge receipt of your report and inform you of their decision regarding the content you’ve flagged. No more mystery about what happened to your complaint.
Using Internal Complaint Systems
If you disagree with a platform’s decision about content removal or account restrictions, you can use their internal complaint system. Platform decisions on complaints can’t be made solely through automated systems. Qualified personnel must review your complaint.
This system allows you to:
- ▶ Challenge content removal decisions
- ▶ Contest account restrictions or suspensions
- ▶ Question platform decisions about reported content
- ▶ Seek review of advertising-related issues
Seeking Independent Resolution
You can also pursue resolution through certified out-of-court dispute settlement bodies, which provide an independent review of platform decisions. These bodies offer free or low-cost alternatives to court proceedings whilst maintaining your right to pursue legal action if necessary.
Contacting National Authorities
Each EU Member State is required to designate a Digital Services Coordinator who supervise platform compliance with the DSA. The European Commission works together with these national authorities to enforce DSA rules, with the Commission having primary responsibility for very large platforms with over 45 million users.
Taking action helps protect not only your own rights but contributes to a safer digital environment for all European consumers. The DSA’s effectiveness depends on active participation from users like you in identifying and reporting problematic content and practices. After all, regulations are only as strong as the people who use them.
