The EDPB has issued its final guidance on the interplay between GDPR and the Digital Services Act (DSA). The DSA places obligations on online intermediaries and platforms that offer services to individuals/legal entities in the EU, for example, online marketplaces, social networks, content sharing platforms, app stores, and online travel and accommodation platforms. The aim of the DSA is to strengthen the protection of individuals’ fundamental rights online and give them greater control. It also requires platforms to minimise the risks of exposing individuals, including children and young people, to illegal and harmful content.
The guidance covers the following specific situations:
1. Processing personal data by caching and hosting services in order to conduct voluntary checks for illegal and undesirable content
2. Enabling notice and action mechanisms (allowing users to notify illegal/non-compliant content)
3. Deceptive design patterns – where these are covered by GDPR
3. Transparency obligations relating to targeted advertising
4. The use of recommender system
5. The use of age assurance mechanism
The full guidance can be found here.
