Frequently asked questions (FAQ)
On 17 February 2024, Regulation (EU) 2022/2065 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) came into full effect, significantly changing the rules for the operation of online intermediary services such as internet access service providers, caching services, online marketplaces, social networks, cloud services, online platforms, web hosting or online search engines. The DSA grants users of these services new rights that will give them greater control over the services provided, helping to create a safe, predictable and trustworthy online environment. In addition, the DSA promotes transparency throughout the digital ecosystem and the development of small and medium undertakings. The Czech Telecommunications Office has been designated as the Digital Services Coordinator to supervise compliance with the new rules.
The DSA protects users of online services and their rights in the online environment. In addition, it promotes transparency, the competitiveness of the entire digital ecosystem, and the development of small and medium-sized undertakings. A fundamental step is the change in the role of users, platforms and state authorities, where until now, due to the lack of regulation, all the power has been with the platforms. Now, the ratio is being rebalanced in favour of both users and public authorities in order to better protect service users, including consumers.
The DSA became applicable in the EU on 17 February 2024. As of the end of August 2023, the rules apply to very large platforms (with more than 45 million visits from users in the EU). The adaptation law to the DSA regulation in the Czech Republic is still in the legislative process.
In the first phase, awareness raising and discussion with representatives of providers of online intermediary services and other entities affected by the DSA is essential. CTU has already been active in this regard for a number of months. Our aim is to ensure greater consumer protection in the online environment under the DSA, which we will focus on after the adoption of the adaptation law in the Czech Republic. The DSA itself contains a wide range of investigative and enforcement tools.
According to the DSA, the coordinator is not supposed to assess the nature of the content, but only to examine whether DSA procedures have been followed.
According to the DSA, every user will have the opportunity to notify illegal content on a given platform. The illegality of content is governed by EU or national law. Both the notifier and the affected recipient must be informed about the possibilities for remedy. If the provider does not act after receiving a notice of illegal content, it becomes jointly responsible for the content, and any affected recipient of the service can claim damages from them. In case of disputes, parties can turn to a court or a specialized body for out-of-court dispute resolution.
CTU will, among other things, inspect whether providers publish reports on content moderation, the number of disputes conducted, or the number of users. However, small and micro undertakings are exempt from this obligation.
Illegal content is not defined by the DSA regulation, but by EU or national law, and it includes particularly serious acts such as hate speech, discrimination, terrorism, human trafficking, illicit drugs or arms trafficking, etc. The illegality of content will be assessed by the providers themselves if they become aware of it. Measures against illegal content can also be imposed on providers by a public authority if it has the power to do so under a special law. The DSA does not explicitly specify disinformation content. Articles 34 and 35 of the DSA only refer to the obligation of very large platforms to adopt measures against systemic risks with adverse effects on fundamental rights and civil discourse. The adequacy of these measures will be assessed by the European Commission.
The DSA will not restrict freedom of expression and the coordinator will not examine the nature of content on social media or other platforms covered by the DSA. Moreover, it should be stressed that the DSA does not impose any obligations or sanctions on users, but only on service providers.
After the approval of the adaptation law, which is currently in the legislative process, supervision over the DSA will be carried out by the Specialised Agenda Supervision Unit, which already has a basic number of systemised posts allocated. The anticipated future number of employees is up to 18 and is based on the scope of competencies entrusted to CTU according to the draft of the mentioned adaptation law. The head of the Unit is Mr. Tomáš Ondrejka.
No. According to the DSA, the coordinator will assess compliance with procedures. The illegality of the content is governed by EU or national law and will be assessed by the provider according to its internal regulations and applicable legal standards; The provider must remove the defective content. The parties may refer any disputes to a court or a specialised out-of-court dispute resolution body.