From rules to reality: what does the Digital Services Act mean for businesses, users and regulators?

The DSA, which came into full effect on 17 February 2024, aims to make the online ecosystem safer, more transparent and fairer for users.

But how do the DSA rules work in practice? 

Munteanu presented a unique perspective on the overlap between the DSA and the General Data Protection Regulation (GDPR), drawing on her academic expertise. “Although the EU has now adopted the long-awaited guidelines on this subject, there is still a lack of detail on how these two important regulations (can) work together when personal data is traded on the dark web. This constitutes an entire industry, in which most cases emphasise the relevance of cyber law and criminal law, but there is also an additional dimension particularly when these illegal marketplaces are still being advertised on the surface web," she explains.

How do the European authorities and legislation work together in the context of enforcement?

Li added to the discussion by highlighting another area of legislation that relates to digital marketplaces: the relationship between the DSA and European product safety and product liability law. In his presentation, Li emphasised the potential coordination issues that may arise between different authorities during enforcement. “We believe this topic was of great importance to the European Commission, as the EU consists of multiple layers of regulation, making it crucial to ensure harmonisation and consistency.”

From academic insights to evidence-based policy

Munteanu reflects, “The DSA is still in its early stages, which gives us the opportunity to delve deeper into these legal intersections and practical challenges. It was therefore very valuable to exchange perspectives with colleagues and jointly map out how digitalisation laws are applied in practice.” Li adds: “The ECLD fosters a multidisciplinary environment, with research that has an impact on areas that are directly affected or even regulated by these laws. This experience was therefore an excellent example of how multidisciplinary research and its academic insights can contribute to evidence-based policy-making.”