THE IMPLICATIONS AND PREDICTED IMPACT OF THE DIGITAL SERVICES ACT IN ROMANIA

Abstract

Increased transparency in the online environment is a theme that runs throughout the Digital Services Act (DSA), circumstance which has led to the writing of this paper, intended to be an overview of this „old but new” and comprehensive set of rules, with the authors' personal notes. Building on the premise that the responsible and diligent behavior of intermediary services is essential for a safe, predictable and trustworthy online environment, the DSA harmonizes, by means of a directly applicable legal act, the provision of information society services in the form of intermediary services, by preserving, in principle, the main rules regulating the (exemption from) liability of the intermediary services providers, while also regulating an extensive set of due-diligence and transparency obligations for the later. Such harmonization is desirable bearing in mind that online platforms are part of the macro-system that determines future innovations and consumer choice. To what extent the DSA will succeed in doing its part in transforming digital space into a safer one, where the fundamental rights of users (and especially of consumers) are protected, remains to be seen. Meanwhile, the authors are nevertheless assured that the impact will be significant, especially on the topics consciously chosen to be addressed hereafter.

Keywords

• digital services act
• intermediary services
• marketplace
• digitalization
• transparency
• consumer protection
• neutrality test
• good samaritan protection
• online platforms