Under the Digital Services Act, providers of online platforms that are accessible to minors are required to put in place appropriate measures to ensure a high level of privacy, safety and security of minors on their services. Â
Very Large Online Platforms (VLOPs) reaching at least 45 million users (i.e. representing 10% of the European population) and search engines are obliged to prevent abuse of their systems by taking risk-based action, including oversight through independent audits of their risk management measures.Â
Platforms must mitigate against risks such as disinformation or election manipulation, cyber violence against women, or harms to minors online. In addition, the new rules ban targeted advertising to minors based on profiling using the personal data of users of their services when they can establish with reasonable certainty that the recipient of the service is a minor.
The Digital Services Act entered into force on 16 November 2022, first affecting VLOPs, but now including all services.
It applies to a wide range of online intermediaries, which include services such as internet service providers, cloud services, messaging, marketplaces, or social networks. Specific due diligence obligations apply to hosting services, and in particular to online platforms, such as social networks, content-sharing platforms, app stores, online marketplaces, and online travel and accommodation platforms.
The Commission or regulators in each Member State can apply fines up to 6% of the worldwide annual turnover in case of breach of the DSA following a non-compliance decision, failure to comply with interim measures or breach of commitments. The Commission can also apply periodic penalties of up to 5% of the average daily worldwide turnover for each additional day of delay in complying with remedies, interim measures and commitments. As a last resort measure, if the infringement persists and causes serious harm to users and entails criminal offences involving a threat to persons’ life or safety, the Commission can request the Digital Services Coordinator of the Member State concerned to request national courts to restrict access of recipients to the service temporarily.
Verifymy can assist services in confirming which users are adults via its age assurance solution, ensuring that those who have not demonstrated this are offered the additional protections the DSA requires for children.
Verifymy’s age assurance solution for any online product, service or business, features the widest range of age verification and age estimation methods to ensure the highest pass rates possible with minimal business disruption.
