Transparency Requirements for Content Moderation under the DSA: Adapting Current Systems for Compliance

Here is a detailed plan for the junior lawyer to answer the legal question on new transparency requirements for content moderation under the Digital Services Act:

Note: The junior lawyer is what we call a subsystem of Hotseat that completes helper tasks

Understanding the Legal Question

The question seeks to understand the transparency obligations introduced by the DSA regarding content moderation practices for online platforms and marketplaces, specifically for “very large” entities.

The context is an EU company operating an online marketplace that likely qualifies as a “very large online platform”.

The goal is two-fold:

1. Identify new transparency regulations concerning content moderation under the DSA
2. Prepare an implementation plan to adapt existing systems for compliance by 2024.

Drafting the Plan

Step 1: Understand Key Definitions

Refer to Article 3 to comprehend crucial terminology like “content moderation”, “illegal content”, “online platform”, “very large online platform”, “recipient of service”, etc.

Step 2: Confirm Status as a Very Large Online Platform

Verify if the company meets the threshold criteria of a “very large online platform” under Article 33.

Also check Article 24 and Article 30 for additional thresholds.

Step 3: Identify Transparency Requirements

Study the below Articles to learn transparency regulations:

• Article 15 - General transparency reporting obligations
• Article 23 - Actions against misuse of services
• Article 24 - Additional reporting for very large online platforms
• Article 34 - Mandatory risk assessment
• Article 35 - Risk mitigation measures
• Article 36 - Crisis response protocols

Step 4: Understand Compliance Audit Procedures

Refer Article 37 and Article 41 to grasp the independent audit requirements for risk assessments and mitigation steps.

Step 5: Review Data Access Provisions

Examine Article 40 to comprehend the data access rights of regulators, which impact transparency.

Step 6: Analyze Legal Implications of Non-Compliance

Evaluate Articles 73-75 to understand the consequences of flouting regulations and the usefulness of transparent practices in mitigating such risks.

Step 7: Define Implementation Plans

Based on the studied Articles, propose operative actions like:

• Constructing a reporting mechanism per Article 15
• Creating processes to document risk assessments as per Article 34
• Preparing for compliance audits under Article 37
• Establishing protocols to handle data requests based on Article 40

Step 8: Address the 2024 Compliance Timeline

• Verify no conflicts exist with prior laws like Directive 2000/31/EC under Article 2(4)
• Prepare an implementation roadmap accounting for reviews, audits etc. against the deadline.

Summary of Key Facts

• Compliance required by 2024
• New transparency regulations and audit requirements for very large platforms
• Mandatory risk assessments and mitigation

Notes on Ambiguities

• Seek clarity from Article 3 on definitions like “content moderation” to align with DSA’s terminology.
• Precisely determine if platform meets Article 33’s “very large” criteria.

Being Helpful

• Recommend early implementation to proactively meet obligations.
• Involve data protection specialists to scrutinize systems per Article 40.

Question Clarity Rating

Unclear

Clarity Rating Explanation

The original question lacks specificity about the nature of the user’s service, existing content moderation mechanisms, and current reporting practices. These details are crucial to tailor accurate advice on adapting systems to meet the DSA’s requirements. Furthermore, the question does not mention whether a legal representative has been designated in the EU, which is a significant compliance requirement under the DSA.