In March 2021, the European Commission (“the Commission”) proposed the Digital Strategy. One of the main objectives is to create the right conditions and a level playing field for digital networks and innovative services to be developed. This political agenda aligns with EU norms and standards to strengthen the EU’s digital sovereignty. As a result, it is evident that the regulations in this area will keep increasing exponentially, this means that additional goods and services will be subject to additional requirements.
Furthermore, as part of this programme, there is a wider group of proposed digital regulations. In the context of the DSA, the following are key regulations to consider:
In February 2024, the Irish Government signed into law the full text of the Digital Services Bill 2023 to give effect to the DSA under Irish law. The Bill does not add to or amend the obligations on online platforms under the EU Regulation. The Bill appoints Coimisiún na Meán as the Digital Services Coordinator and the Competition and Consumer Protection Commission as a second competent authority tasked with overseeing online marketplaces. Both supervisory authorities will be empowered to:
At this stage, organisations under the scope of the DSA need to demonstrate compliance with this regulation to be able to grow in the EU digital environment.
We would very much emphasise that in this new digital landscape, the Commission and regulators will be using more powers with a combination of criminal and legal sanctions being available to regulate the online space.
We are uniquely placed to assist both regarding your operational and legal needs. This combined service provides both technical solutions and regulatory resilience.
Thus, it is crucial to understand what the ongoing obligations and best practices are to ensure compliance with the applicable requirements. KPMG Law can help you on your path to being DSA compliant by:
In addition, the KPMG Consulting team has deep technical expertise across all DSA related areas, including implementing compliance functions, frameworks and operating models; implementing complaints handling and issue management systems and processes; designing and implementing Know Your Business Controls (KYBC); performing systemics risk assessments, performing independent reviews and audits.
Our capabilities include experts from IT Assurance, Risk Consulting, Technology Law, Algorithm Assurance, Privacy, Cybersecurity, and Forensic teams. In addition, our DSA services are powered by accelerators to ensure an efficient process. These include:
