Digital Services Act Would Regulate Advertising and Content on Tech Platforms in EU

In mid-January, the EU Parliament approved an initial draft of the Digital Services Act, which would affect both content and data practices on large tech platforms in the bloc. The DSA will be debated for months, most likely, before coming to a final vote.

Among the most notable aspects of the draft: (1) It would prohibit publication of material that is illegal in the country where it is viewed, meaning that some form of country-level blocking would likely be required; and (2) it would make it easier for consumers to opt out of targeted advertising, with a "set it and forget it" type browser setting rather than having to make decisions each time a user visits a site.  

Although a final version, and approval, of the DSA is not imminent, the draft is likely to spur interest around the world. As the US Congress increasingly considers ways to rein in Big Tech, the fate of the DSA may influence how legislators here approach these issues. The US has a First Amendment that prohibits many restraints of speech, and most EU countries do not have anything similar; but it is clear that governments around the world want to impose controls on the actions of Big Tech regarding market power, misinformation, and consumer privacy. The DSA could become the first meaningful step towards such control.