Digital Services Act / Digital Markets Act: Document pool

The DSA-DMA package will affect how intermediaries regulate and influence user activity on their platforms, including people's ability to exercise their rights and freedoms online. It also aims at limiting the abuse of power by very large and gatekeeper platforms.

By EDRi · April 29, 2020

In her political guidelines, the President of the European Commission Ursula von der Leyen has committed to “upgrade the Union’s liability and safety rules for digital platforms, services and products, with a new Digital Services Act” (DSA). Later the Act was complemented to form a package with the Digital Markets Act (DMA). The DSA-DMA package will, among others, revise the rules contained in the E-Commerce Directive of 2000 that affect how intermediaries regulate and influence user activity on their platforms, including people’s ability to exercise their rights and freedoms online. This is why reforming those rules has the potential to be either a big threat to fundamental rights rights or a major improvement of the current situation online. It is also an opportunity for the European Union to decide how central aspects of the internet will look in the coming ten years.

A public consultation by the European Commission was launched in July 2020 and the legislative proposals were published on 15 December 2020. In addition, three different Committees of the European Parliament have adopted their Own Initiative Reports in view of setting the agenda of what the DSA-DMA package should regulate and how it should achieve its goals.

This Document Pool lists all relevant articles and documents related to the DSA and DMA. This will allow you to follow the developments of content moderation and regulatory actions in Europe.

Last update: 16 May 2022

Table of content

EDRi’s analysis and recommendations
Legislative documents
Blogposts and press releases
EDRi members’ publications
Other
Key policymakers
Key dates

EDRi’s analysis and recommendations

Digital Services Act: The EDRi guide to 2,297 amendment proposals (26 November 2021)
EDRi response to the European Commission’s public consultation (19 August 2020)
EDRi Position Paper on the Digital Services Act: Platform Regulation Done Right (9 April 2020)
Joint Report: Civil society calls for evidence-based solutions to disinformation (19 October 2018) with Access Now and Civil Liberties Union for Europe
EDRi response to European Commission E-Commerce Directive Consultation (10 November 2010)

Legislative documents

An infographic on the legislative procedure behind the Digital Services Act. The Digital Services Act seeks to consolidate various separate pieces of European Union legislation and self-regulatory practices that address illegal or “harmful” online content and to harmonise the rules applicable to the provision of digital services across the European Union. Reforming those rules has the potential to be either a big threat to fundamental rights or a major improvement of the current situation online. The legislative procedure in the European Parliament regarding the Digital Services Act is summarised here. It starts with the following committees in the European Parliament giving their opinions: LIBE (Civil Liberties, Justice and Home Affairs) where Patrick Breyer from the Green Party is the appointed Rapporteur; JURI (Legal Affairs Committee) where Geoffroy Didier from EPP is the appointed Rapporteur; ITRE (Industry, Research & Energy Committee) where Henna Virkkunen from EPP is the appointed Rapporteur; TRAN (Transport and Tourism Committee), where Roman Haider from ID is the appointed Rapporteur; ECON (Economic and Monetary Affairs Committee), where Mikulas Peksa from the Green Party is the appointed Rapporteur, FEMM (Women’s Rights and Gender Equality Committee) where Jadwiga Wisniewska from ECR is the appointed Rapporteur, CULT (Culture and Education Committee) where Sabine Verheyen from EPP is the appointed Rapporteur. The opinions are sent to the Lead Committe IMCO (Internal Market & Consumer Protection Committee) with a Rapporteur Christel Schaldemose, S&D. Alongside the Lead Committee Rapporteur, the respective Shadow Rapporteurs Arba Kokalari (EPP), Dita Charnzova (Renew), Alexandra Geese (Greens), Adam Bielan (ECR), Alessandra Basso (ID), Martin Schirdewan (GUE) submit a report on the DSA proposal, which is then discussed in the trialogue negotiations with the Council followed by the final vote on the legislation. At the bottom of the infographic, there is a quote from Jan Penfrat, EDRi’s Policy Advisor, reading: “Content removal within 24 hours for “harm to public policy” and similar vague concepts would allow governments to suppress any opposing content they want – without public scrutiny or transparency.” — Digital Services Act – Overview of political process

An infographic on the legislative procedure for the Digital Markets Act, which aims to prohibit market behaviour of digital gatekeeper platforms that could reinforce their dominant position and reduce the positive effects that real competition has for people. The legislative procedure in the European Parliament starts with the following committees giving their opinions: ECON (Economic and Monetary Affairs Committee) where Stephanie Yon-Courtin, Renew, is the appointed Rapporteur; ITRE (Industry, Research & Energy Committee), where Carlos Zorrinho, S&D, is the appointed Rapporteur; JURI (Legal Affairs Committee) where Tiemo Wolken, S&D, is Rapporteur; LIBE (Civil Liberties, justice and Home Affairs Committee) where Ondřej Kovarik, ALDE, is the appointed Rapporteur; TRAN (Transport and Tourism Committee) where Markus Ferber, EPP, is the appointed Rapporteur; CULT (Culture and Education Committee) where Petra Kammerevert, S&D, is the appointed Rapporteur. The opinions are then sent to the Lead Committee IMCO (Internal Market & Consumer Protection Committee) where Andreas Schwab, from EPP party, is Rapporteur. Schwab drafts his own report and presents it to the Committee. Subsequently, he enters negotiations with Shadow Rapporteurs of the other political parties, namely Evelyn Gebhardt from S&D party, Andrus Ansip from Renew party , Marcel Kola from the Greens party , Virginie Joron from ID party , Martin Schirdewan from GUE party, Adam Bielan from ECR party. The negotiation results are put to vote in the Lead Committee IMCO, where committee members can propose further changes. The result of the vote constitutes the official IMCO report which is then presented to all members of the European Parliament for approval. After approval, the report discussed in the trialogue negotiations with the Council followed by the final vote on the legislation. At the bottom of the infographic, there is a quote from Jan Penfrat, EDRi’s Senior Policy Advisor, reading: "Imagine buying a new dining table from IKEA and although it’s a great table, it can only be used with IKEA-made chairs. For security reasons, the furniture maker tells you, the table is incompatible with chairs from third-party vendors, sorry. Sounds ridiculous? Yet that's what Facebook does and the DMA can fix it." — Digital Markets Act – Overview of political process

European Commission

Public consultation published in July 2020
Legislative proposals published on 15 December 2020:
- Proposal for a Regulation on a Single Market For Digital Services (Digital Services Act)
- Proposal for a Regulation on contestable and fair markets in the digital sector (Digital Markets Act)

Council of the EU

Council General Approach for the DSA (18 November 2021)
Council General Approach for the DMA (16 November 2021)

European Parliament

DSA position of the European Parliament (20 January 2022)
DMA position of the European Parliament (15 December 2021)

Internal Market and Consumer Protection Committee (IMCO)

Reports on a Single Market For Digital Services (Digital Services Act)
- Lead Draft Report by Christel SCHALDEMOSE
- Committee amendments
Reports on Contestable and fair markets in the digital sector (Digital Markets Act)
- Lead Draft Report by Andreas SCHWAB
- Committee amendments
Own Initiative Report: 2020/2018 (INL) Legislative initiative procedure – Digital Services Act: Improving the functioning of the Single Market – Draft

Legal Affairs Committee (JURI)

Report on a Single Market For Digital Services (Digital Services Act)
Reports on Contestable and fair markets in the digital sector (Digital Markets Act)
Own Initiative Report: 2020/2019 (INL) Legislative initiative procedure – Digital Services Act: Adapting commercial and civil law rules for commercial entities operating online – Draft

Civil Liberties Committee (LIBE)

Report on a Single Market For Digital Services (Digital Services Act)
- Draft Opinion by Patrick BREYER
- Final LIBE Opinion (28 July 2021) 💥
Reports on Contestable and fair markets in the digital sector (Digital Markets Act)
- Draft Opinion by Ondřej KOVARIK
- Committee amendments
- Final LIBE Opinion
Own Initiative Report: 2020/2022 (INI) Own-initiative report procedure – Digital Services Act and fundamental rights issues posed – Draft

Key policymakers

Digital Services Act

Internal Market and Consumer Protection Committee (IMCO)
- Rapporteur: Christel SCHALDEMOSE (S&D)
- Shadow Rapporteurs: Arba KOKALARI (EPP), Dita CHARANZOVÁ (Renew), Alexandra GEESE (Greens), Alessandra BASSO (ID), Adam BIELAN (ECR), Martin SCHIRDEWAN (GUE)
Civil Liberties, Justice and Home Affairs Committee (LIBE)
- Rapporteur: Patrick BREYER (Greens)
Legal Affairs Committee (JURI)
- Rapporteur: Geoffroy DIDIER (EPP)
Industry, Research and Energy Committee (ITRE)
- Rapporteur: Henna VIRKKUNEN (EPP)

Digital Markets Act

Internal Market and Consumer Protection Committee (IMCO)
- Rapporteur: Andreas SCHWAB (EPP)
- Shadow Rapporteurs: Evelyn GEBHARDT (S&D), Andrus ANSIP (Renew), Marcel KOLAJA (Greens), Virginie JORON (ID), Martin SCHIRDEWAN (GUE)
Legal Affairs Committee (JURI)
- Rapporteur: Tiemo WÖLKEN (S&D)
Economic and Monetary Affairs Committee (ECON)
- Rapporteur: Stéphanie YON-COURTIN (Renew)
Industry, Research and Energy Committee (ITRE)
- Rapporteur: Carlos ZORRINHO (S&D)

Key dates (indicative)

April 27, 2022: Final DSA trilogue meeting
September 2022: DMA vote in EP plenary