Digital Services Act

BACKGROUND INFORMATION (provided by EACA)

What is the DSA?
The DSA – simply speaking – looks at how to regulate platforms: the services they provide (to both business and end users), their responsibility for the services they provide (e.g. when video or audio content is misleading, harmful or illegal; discriminatory algorithms; online advertising), and competition aspects (when platforms don’t allow new entrants). The DSA can be a tool to help shape agencies’ future relationship with platforms.

Why we need your input?
This consultation is your opportunity to explain

• Practices, such as programmatic advertising,
• what you are already doing to enhance transparency (towards users and clients),
• that the advertising you are engaged in is responsible,
• that you are not advertising for traders that sell fake or dangerous goods,
• that you have no interest that a client’s ads appear next to disinformation content.

Why is this relevant to agencies?
The consultation also takes a close look at online advertising: misleading ads or claims (advertising counterfeit, fake or dangerous products, e.g. in the context of Covid-19, unsafe children toys, etc.). The Commission wants to better understand transparency in advertising (money flows, micro-targeting, the spread of disinformation e.g. in political advertising), or advertising-related processes (e.g. programmatic advertising).

What could the implications for agencies be? Why is it necessary to act?

• Additional legislation (administrative burden, compliance costs) can be avoided, if we can explain that existing legislation addresses an issue sufficiently (e.g. the GDPR for personal data protection, or the Unfair Commercial Practices Directive for misleading ads)
• This is a chance to improve the business-to-business relationships between platforms and agencies (in terms of transparency, fairness, access to data, more competition – more ad space, useful policies)
• If platforms bear the responsibility for transparency towards their users, they cannot pass this on to you
• Your clients will benefit from more transparency (regarding money flows), ad placements, ad effectiveness (measurement), brand safety (understanding the amplification of disinformation through algorithms).
• Algorithmic transparency and responsibility will also make the process of self-preferencing (platform services or products) more transparent and give you more certainty.