In the data age, the European Union is no longer just a consumer market for American technology products, but has become the most powerful global regulator of the internet. The recent full implementation of the Digital Services Act (DSA) marks a historic turning point, imposing strict controls on how platforms like Facebook, TikTok, and X (formerly Twitter) operate, signaling the end of an era of secrecy and chaos in cyberspace.
Legal analysis of the DSA reveals that its primary aim is to protect democracy and digital human rights. The law focuses particularly on very large platforms (VLOPs) with over 45 million users in the EU. These platforms are now obligated to monitor harmful content, including disinformation, hate speech, and illegal propaganda. A key feature of the law is that it requires companies to be transparent about how their algorithms determine what users see. For the first time, users are given the option to disable profile-based recommendations, thus limiting the influence of filter bubbles.
One of the most important provisions of the law concerns the protection of minors. With the growing influence of platforms on teenagers, companies have been compelled to offer "safe versions" of apps for those under 18, limiting usage time and blocking certain advertisements. This measure comes in response to numerous European studies linking excessive app use to psychological decline among young people, placing a significant social and financial responsibility on tech companies that rely on the amount of time users spend in front of screens.
However, the law faces challenges in its implementation and enforcement. Major tech companies have begun to change their policies, but there are concerns that they will resort to "hidden algorithms" to achieve only superficial compliance. Furthermore, the law raises complex issues related to freedom of expression. Who decides what constitutes "harmful" content? The platforms themselves or the European courts? There is a real risk that platforms will resort to excessive self-censorship to avoid hefty fines that could reach 6% of their global revenue.
The concept of the "Brussels Effect" is prominently featured here. Given that the European Union is a massive market that no technology company can afford to ignore, these companies often apply European standards globally. This means that the data protection and algorithm rules imposed by the EU could become the norm in Latin America, Asia, and even the United States. The EU is thus exerting significant soft power, limiting the influence of American and Chinese companies.
The next battleground will be "generative artificial intelligence." Current legislation focuses on legacy content and social media platforms, but the rapid emergence of ChatGPT and similar tools raises new questions: Who is responsible for machine-generated content? Is it considered "harmful content"? The European Commission is now pushing to extend the scope of the law to include this technology, which could lead to major legal battles in the near future.
The Digital Services Act is a bold and necessary attempt to reclaim digital sovereignty. Cyberspace is no longer "creative chaos" but a battleground requiring governance and regulation. Europe's success in this endeavor will depend on its ability to enforce the law while simultaneously fostering innovation, ensuring that technology is not stifled by bureaucratic constraints.
