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New Study on Systemic Risks and their Mitigation under the DSA

Building upon decades of legislative efforts to regulate digital spaces, the European Union adopted Regulation 2022/2065 (the Digital Services Act/DSA). In the current social and political context, marked by growing concerns over misinformation and illegal content online, the Digital Services Act lays down ground-breaking rules to address online risks to individuals and society.  

To that end, the Commission identified a set of Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs). Under Articles 34 and 35 of the Act, these online providers are required to conduct risk assessments to identify systemic risks stemming from the design, functioning or use of their service, and to adopt risk mitigation measures in response. Examples of systemic risks include, inter alia, dissemination of illegal content, negative effects on the exercise of fundamental rights, or negative effects on electoral processes.  

The purpose of the study is to support the Commission in analysing compliance with Articles 34 and 35 of the DSA, providing an up to date and comprehensive overview of the most prominent and recurrent systemic risks, and of the appropriate mitigation measures. The Study will analyse the reports provided by VLOPSEs and, building upon the knowledge of experts in the field, develop risk profiles and frameworks for the assessment of mitigation measures.  

Spark, in consortium with Open Evidence and PPMI, is excited to support DG CNECT in further shaping the implementation and enforcement of the DSA. Our team will primarily focus on the assessment of systemic risks of negative effects on the exercise of fundamental rights. It shall also provide an overview of the appropriate mitigation measures, as well as a framework for the assessment of their suitability and proportionality.  

The findings from this support study shall offer a solid foundation for enforcing the Digital Services Act, informing decisions about potential proceedings against the designated VLOPSEs.  

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