This June, it was approved the last pending initiative of those related to updating the rules that govern digital services in the EU: the 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗦𝗲𝗿𝘃𝗶𝗰𝗲𝘀 𝗟𝗮𝘄 (𝗗𝗦𝗔) and the 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗠𝗮𝗿𝗸𝗲𝘁𝘀 𝗟𝗮𝘄 (𝗗𝗠𝗔). Another important legislation is the 𝗘𝗨 𝗔𝗿𝘁𝗶𝗳𝗶𝗰𝗶𝗮𝗹 𝗜𝗻𝘁𝗲𝗹𝗹𝗶𝗴𝗲𝗻𝗰𝗲 𝗔𝗰𝘁 (“𝗔𝗜 𝗔𝗰𝘁”) which is being amended, thus it is pending the very soon approval to encourage innovation and refine the definition of AI.
𝗧𝗵𝗲 𝗗𝗦𝗔 𝗮𝗻𝗱 𝗗𝗠𝗔 𝗵𝗮𝘃𝗲 𝘁𝘄𝗼 𝗺𝗮𝗶𝗻 𝗼𝗯𝗷𝗲𝗰𝘁𝗶𝘃𝗲𝘀: to create a safer digital space in which the fundamental rights of all users of digital services are protected; and establish a level playing field to foster innovation, growth and competitiveness. As for the DSA, new guidelines are established in terms of liability for digital service providers, until now framed, in a more lax way, in the capital Directive 2000/31/EC, on electronic commerce.
The DMA establishes a series of narrowly defined objective criteria to classify certain online platforms as “gatekeepers”. Pending final approval by the European Parliament and the Council, the final text is expected to be adopted between September and October 2022. 𝗕𝗮𝘀𝗶𝗰𝗮𝗹𝗹𝘆, 𝗶𝘁 𝗶𝘀 𝘁𝗵𝗲 𝗹𝗮𝗿𝗴𝗲𝘀𝘁 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗼𝗿𝘆 𝗿𝗲𝘀𝗽𝗼𝗻𝘀𝗲 𝗽𝗿𝗼𝗽𝗼𝘀𝗲𝗱 𝘁𝗼 𝗱𝗮𝘁𝗲 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗘𝗨 𝗮𝗴𝗮𝗶𝗻𝘀𝘁 𝘁𝗵𝗲 𝗱𝗼𝗺𝗶𝗻𝗮𝗻𝘁 𝗽𝗼𝘀𝗶𝘁𝗶𝗼𝗻 𝗶𝗻 𝘁𝗵𝗲𝗶𝗿 𝗿𝗲𝘀𝗽𝗲𝗰𝘁𝗶𝘃𝗲 𝘀𝘂𝗯𝘀𝗲𝗰𝘁𝗼𝗿𝘀 𝗼𝗳 𝗱𝗶𝗴𝗶𝘁𝗮𝗹 𝗮𝗴𝗲𝗻𝘁𝘀 𝘀𝘂𝗰𝗵 𝗮𝘀 𝘁𝗵𝗲 𝘀𝗼-𝗰𝗮𝗹𝗹𝗲𝗱 𝗚𝗔𝗙𝗔𝗠 (Google, Apple, Facebook, Amazon and Microsoft).