25/08/2023
𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗦𝗲𝗿𝘃𝗶𝗰𝗲𝘀 𝗔𝗰𝘁 (𝗗𝗦𝗔): 𝘂𝗽𝗱𝗮𝘁𝗲
On April 25th, the European Commission published a list encompassing 17 Very Large Online Platforms (VLOPs) and 2 Very Large Online Search Engines (VLOSEs) that fall under the scope of the 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐒𝐞𝐫𝐯𝐢𝐜𝐞𝐬 𝐀𝐜𝐭 (𝐃𝐒𝐀). Effective today, August 25, these 19 entities are required to adhere to the obligations outlined in the DSA. This regulation is designed with a fundamental objective: to establish a secure and trustworthy web environment that safeguards individual rights while fostering a dependable online environment.
One of the essential obligations set forth by this regulation is the prohibition of using "𝗱𝗮𝗿𝗸 𝗽𝗮𝘁𝘁𝗲𝗿𝗻𝘀" within a company's online environment. This prohibition pertains not only to the content itself but also extends to the arrangement, design, or functionalities governing the display of the content.
The focus is on ensuring that choices are neutrally presented, devoid of any undue influence through "visual, auditory or other components". Examples such as making the "unsubscribe" option barely noticeable, manipulating button placements (such as the 'x' to close a window), deploying leading questions, offering deceptive free samples, and setting up subscription traps – collectively referred to as "confirmshaming" – are encompassed by this prohibition.
We believe that staying informed about these regulations is crucial for fostering a transparent and trustworthy digital landscape for our clients. If you have any questions or require further information, please don't hesitate to reach out. We are here to assist you in understanding and navigating these legal frameworks effectively.