Digital Service Act

Digital Services Act: Goals, Benefits, and the Role of ADR Center in Dispute Resolution

The Regulation (EU) 2022/2065, commonly known as the Digital Services Act (DSA), marks a significant turning point in the regulation of digital services within the European Union. Effective from February 17, 2024, across all EU Member States, this regulation aims to create a safer and more transparent digital environment. It imposes precise
obligations on all online platforms operating within the EU market to combat the spread of illegal content and ensure greater user protection.

Objectives of the Digital Services Act

The Digital Services Act was designed to address the growing challenges of the digital era and ensure that Europe’s online ecosystem is safe, fair, and accountable. The key objectives of the legislation include:

• Protecting users’ rights: Ensuring that users have greater control over the content they view, their privacy, and how platforms handle their personal data.
• Preventing illegal content: Establishing clear rules for the removal of unlawful content while safeguarding freedom of expression.
• Platform accountability: Imposing transparency obligations regarding recommendation algorithms, online advertising, and content moderation.
• Access to justice: Providing users with accessible, fair, and independent mechanisms to resolve disputes with online platforms.

Dispute Resolution under Article 21 of the DSA

Article 21 of the DSA introduces a mechanism for the out-of-court resolution of disputes between service recipients and online platforms. This system offers users an efficient and expedient alternative to traditional legal proceedings, enabling them to address disputes related to actions such as content removal or account suspensions. Entities wishing to operate in this area must obtain certification to demonstrate their independence, impartiality, and specialized expertise. Article 21 applies particularly to:

• Large online platforms and search engines: Those posing significant risks regarding the dissemination of illegal content and societal harm. Specific rules are in place for platforms reaching over 10% of the EU’s 450 million consumers. A list of such platforms supervised by the European Commission is available here.
• All online platforms offering services within the EU: This includes marketplaces, app stores, collaborative economy platforms, and social media platforms that connect sellers and consumers.

These out-of-court dispute resolution services must be independent and accessible, enabling users to contest decisions such as content removal, account suspension, or other actions impacting their rights. Platforms are required to collaborate with qualified entities to offer these mechanisms, adhering to high standards of transparency, fairness, and efficiency.

The role of ADR Center

With a 27-year reputation for excellence and professionalism, ADR Center has been officially certified as an Out-of-Court Dispute Resolution (ODS) entity by the Italian Communications Authority (Agcom). As the designated Digital Services Coordinator under EU law, Agcom awarded this prestigious certification through Resolution 501/CONS/24 on December 18, 2024. This recognition underscores ADR Center’s commitment to transparency, fairness, and adherence to the highest professional standards in the field of alternative dispute resolution.

ADR Center’s dispute resolution services are characterized by:

• Independence and impartiality: Disputes are handled by experienced assessors, ensuring fair and transparent processes.
• Accessibility: The procedures are straightforward and digital, enabling users to resolve their issues without costly and lengthy legal battles.
• Regulatory compliance: ADR Center ensures that its services fully comply with DSA requirements, providing a reliable solution to respect decisions and foster trust.
• Efficiency: Thanks to well-structured processes, disputes are resolved quickly, reducing time and costs for all parties involved.

Benefits for users and online platforms

The implementation of the Digital Services Act, supported by dispute resolution services like those provided by ADR Center, offers significant advantages:

• For users: Access to fair and independent tools to protect their rights, with the ability to contest platform decisions swiftly and without complications.
• For platforms: Efficient dispute management that reduces the risk of legal proceedings and strengthens user trust.
• For the digital ecosystem: Promotion of a safer, more transparent, and cooperative online environment.

The future of digital regulation in Europe

The DSA represents a decisive step toward a more equitable and responsible digital Europe. By requiring platforms to collaborate with qualified entities like ADR Center for dispute resolution, users are finally equipped with effective tools to safeguard their rights. With its extensive experience and professionalism, ADR Center stands as a reference point in Europe for platforms seeking to meet DSA obligations and contribute to a safer and more sustainable digital ecosystem.