Fighting wildlife trafficking online with the new EU Digital Services Act

The Digital Services Act (DSA) could significantly help protect wildlife in the digital age by taking a systemic approach to tackling illegal online trade.

Adopted in October 2022, the Act has been fully effective in the EU since February 2024. It is a welcome step in the right direction and aims to make illegal online what is illegal offline. The DSA defines clear responsibilities and accountability for online platforms such as social media and marketplaces.

We are pleased to see that the DSA incorporates calls by IFAW to include the illegal trade of animals in the definition of illegal content and in the list of systemic risks associated with the dissemination of illegal content. This implies that very large online platforms-those with more than 45 million users in the EU-must assess the risk of selling illegal wildlife and their parts and act to prevent it.

Online wildlife trafficking is driven by consumer demand for wildlife products like elephant ivory, rhino horn, and ingredients for medicinal products, as well as for live animals traded as pets, which is fueled by the promotion of exotic pet ownership and interactions on social media. Illegal wildlife trade, both online and in physical markets, is decimating populations of wild species and is a contributor to the catastrophic biodiversity loss seen globally.

Obligations of these platforms under the DSA include making 'reasonable efforts', including random checks, to verify whether the offered wildlife species have been identified as illegal. They should also implement a harmonised 'notice and action' procedure where users will be empowered to report illegal online content, and online platforms must act quickly when notified.

IFAW believes that wild animals belong in the wild, not in commercial trade. Trade in wildlife, and particularly online trade, is poorly regulated, difficult to control, and has a detrimental impact on animal welfare.

Wild animals have complex needs that can hardly be met in private households and should not be kept as pets. We encourage non-consumptive, use-based decisions to protect wildlife long-term as an alternative to killing and trading animals for profit. We also work to curb demand and disrupt the trafficking of threatened species. Our work to tackle wildlife cybercrime is a vital part of that process.

NGOs may play an active role in supporting the implementation of the DSA, collaborating with the platforms and national authorities as Trusted Flaggers: a group of experts nominated by national authorities to which platforms should react promptly. But individual EU citizens can also contribute to the detection and notification of illegally traded wildlife.

Here are some questions and answers about the DSA:

What is the EU Digital Services Act (DSA)?

The Digital Services Act (DSA) is a new EU-wide Regulation adopted in October 2022, aiming to make illegal online what is illegal offline. The DSA defines clear responsibilities and accountability for online platforms, such as social media and marketplaces. While not specific to it, the DSA rules apply to the online trade in wildlife.

Does the DSA establish which species online trade is illegal for?

The DSA doesn't establish what is legal or illegal, which is set by the relevant EU and national legislation. Consequently, the trade in some species will continue to be illegal only in certain EU Member States, if not addressed by EU legislation. This is the case of the trade in many exotic pet species. Please always consult your national legislation and the EU Wildlife Trade Regulation Annexes (or contact your national CITES authority) to know which species can't be legally traded or require a specific certificate to be traded.

Which online platforms are concerned by the new DSA rules?

The DSA applies to all providers of online platforms (and other intermediary services) irrespective of their place of establishment or their location, in so far as they offer services in the EU. Some stricter obligations apply only to 'very large online platforms', designated as such by the European Commission.

What are the tools to fight wildlife trafficking introduced by the DSA which can be used by EU citizens?

The DSA requires that providers of online platforms put mechanisms in place to allow any individual (or entity) to notify them of the presence on their service of illegal or potentially illegal content. Those mechanisms shall be easy to access and user-friendly. If you think that you identified an animal or wildlife product illegally offered online, please use this mechanism to notify it to the platform. If you can't find the mechanism, please inform the EU Commission here or contact the Digital Services Coordinator for your country: the full list is available here.

What will happen if I notify the presence of potentially illegal wildlife to the platform?

When informed of the presence of an illegal wildlife product in their platform, and if the illegality is confirmed, providers shall take action to remove the advertisement and inform consumers who purchased the illegal product (if any) of the fact that the product is illegal. In addition, if you provided your contact details, you should receive confirmation of receipt of your notice and information on the platform's decision concerning the notified illegal product. If criminal activity related to the illegal trade is detected, the provider should promptly inform the relevant enforcement authority.

Can I notify the presence of potentially illegal products if they are offered by traders or platforms located outside my country?

Yes. Regardless of the country of residence of the traders or where the platform is located, your notification should be recognised by all providers of online platforms within the scope of the DSA (namely all platforms that offer their services to EU citizens).

Does the DSA make it easier to identify illegal wildlife traded online?

Yes. Providers of online platforms shall ensure that their online interface is designed and organised in a way that allows traders to provide at least the information necessary for the clear and unambiguous identification of the offered products. Consumers should then be able to clearly identify the species offered online: if you spot unclear advertisements, please notify the platform.

Why should I be concerned about the illegal wildlife trade?

Every day, countless animals are killed or suffer from being plucked from their native habitats and forced into cramped, inhumane conditions to be illegally traded. Individual citizens have an important role to play in curbing the illegal wildlife trade. If you see suspicious activity online, please report it.

Where can I find more information about the DSA?

If you want to know more about the DSA, you can read the European Commission's information here.

What is IFAW's position on wildlife trade online?

IFAW believes that wild animals belong in the wild, not in commercial trade. Trade in wildlife, and particularly online trade, is poorly regulated, difficult to control, and has a detrimental impact on animal welfare. Wild animals have complex needs that can hardly be met in private households and should then not be kept as pets. We encourage non-consumptive, use-based decisions to protect wildlife in the long term as an alternative to killing and trading animals for profit, and we work to curb demand and disrupt trafficking of threatened species. Our work to tackle wildlife cybercrime is a vital part of that process.

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