Dutch Oversight Begins on Digital Services Covered by the DSA

The European Digital Services Act (DSA) has been in effect since February 2024 for all online marketplaces, social networks, search engines, cloud providers, online travel and accommodation platforms, internet providers, and content-sharing services such as video platforms. They must better protect users fundamental rights, tackle online deception and illegal information, and create a level playing field for users. The Dutch implementation law regulating national oversight of compliance will come into effect on February 4, 2025.

After the House of Representatives, the Senate has approved the bill by Minister Beljaarts (Economic Affairs) to designate the Authority for Consumers and Markets (ACM) and the Authority for Personal Data (AP) for this purpose. They can enforce the DSA.

The European Commission primarily oversees compliance with the DSA by the 25 largest online platforms and search engines. For example, they must specifically address illegal content and misinformation, adjust their recommendation systems, and be transparent about online advertising through their platforms. This includes Amazon, Apple, Google, Meta (Facebook and Instagram), X (formerly Twitter) and Temu, as well as platforms like AliExpress, Booking.com and Snapchat. The latter three operate (legally) from the Netherlands in Europe.

In addition to the 25 largest platforms, which are subject to the strictest regulations, other digital services must also comply with the DSA. For this category, it is prohibited to personalize advertisements based on, for example, religious beliefs or sexual orientation. Minors are also additionally protected against personalized advertisements. This aims to ensure that they do not see inappropriate advertising. Among others, Dutch parties like Marktplaats.nl, Bol.com, and Catawiki must meet these and other requirements within the DSA.

The member states are responsible for overseeing the other digital services. In the Netherlands, the ACM and the AP are the regulators for this. The ACM has already been designated as the so-called digital service coordinator. Now that the bill has also been adopted, these regulators can begin to enforce the DSA for services based in the Netherlands.

The DSA contains various rules regarding how different online services must deal with the offerings and users on their platform. If they receive a notification that certain content is illegal, they must take action. The ACM supervises this obligation. Dutch users can also report violations of online services based elsewhere to the ACM.