02/03/2025 | Press release | Distributed by Public on 02/04/2025 07:31
Now that the Dutch Senate has passed the Dutch implementing act, the Netherlands Authority for Consumers and Markets (ACM) has been officially authorized since February 4, 2025 to enforce compliance with the European Digital Services Act (DSA). Manon Leijten, Member of the Board of ACM, explains: "This step means that, moving forward, we can start using our enforcement powers."
The DSA is a European law aimed at regulating digital platforms and online services. This act came into effect on February 17, 2024, and contains obligations for providers of online services for making the internet safer and fairer.
Ms. Leijten continues: "We are delighted that we are now officially authorized. In 2025, we will focus on three areas: online platforms need to get their basics in order, such as creating a central point of contact as well as making it easy for users to report illegal content. In addition, we will specifically look at webhosting services (there are a lot of those in the Netherlands), and we will launch a study into the protection of minors."
The DSA rules apply to online services that, at the request of users, transmit, store, or disseminate content of those users. Such services are also referred to as intermediary services. These include social networks, online marketplaces, and webhosting services. In certain situations, online stores, too, may fall under the scope of the DSA.
With the DSA, the rules in the real world will also apply to these digital services. The DSA does not stipulate what is and what is not allowed to be offered on platforms. That is governed by other legal domains, such as criminal law and privacy law. With the DSA however, the online services can be held accountable for how they deal with the content on their platforms. If the content is illegal, they will have to take action. ACM enforces compliance with that obligation.
In order to help businesses, ACM has drawn up 'DSA Guidelines'. For example, businesses must have their complaint-handling systems in order, and they need to act in a predictable manner, for example, when restricting user accounts, as well as have a point of contact that can be easily reached.
ACM enforces compliance among providers of online services who are established in the Netherlands, and closely collaborates with other Dutch regulators, including the Dutch Data Protection Authority (in Dutch: Autoriteit Persoonsgegevens), other European regulators, and the European Commission. The largest online platforms and search engines (so-called VLOPs and VLOSEs) also fall under the direct jurisdiction of the European Commission. Dutch users of online services that are established can file reports with ACM. These will be forwarded to the regulator in the Member State where the platform in question has its registered office. ACM offers assistance in investigations and enforcement actions, where necessary.
Since the DSA came into effect, ACM has already received almost 300 reports, two thirds of which were about services that are established in other Member States. The majority thereof involved account and content restrictions, reporting and handling illegal content, and general issues regarding contact and reachability. You can file a report by filling out a form (in Dutch) on ACM's website. These reports help ACM and other European regulators be able to take action in an effective manner.