Our Commitment to Compliance with the Digital Services Act (DSA) and the Online Safety Act (OSA) – A Guide for Our Customers
At Bettermode, we are dedicated to supporting our customers in navigating the complexities of regulatory compliance, including the European Union's Digital Services Act (DSA) and the UK's Online Safety Act (OSA). This document aims to address common questions and provide clarity on how these regulations may impact your use of Bettermode's services, as well as our stance on compliance and support.
Understanding the Digital Services Act (DSA)
What is the Digital Services Act (DSA)?
The DSA is an EU legislation designed to create a safer, more transparent online environment. It regulates online intermediaries and platforms, focusing on illegal and harmful content moderation, user safety, fair competition, and accountability. The DSA applies to the EU and does not directly affect the UK, which has introduced similar legislation known as the Online Safety Act (OSA).
What are the key objectives of the DSA?
The DSA aims to:
Protect users from illegal and harmful content by requiring proactive measures against such content.
Enhance user safety through strengthened obligations on online services.
Promote fair competition and innovation by ensuring a level playing field and introducing transparency obligations.
Reinforce accountability of online intermediaries and platforms, including transparency in operations and redress mechanisms.
Who does the DSA apply to?
The DSA applies to all Intermediary Service Providers (ISPs) offering services in the European Single Market, regardless of their physical presence in the EU. This includes providers of 'mere conduit', 'caching', 'hosting' services, and online platforms, with specific additional requirements for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs).
Bettermode and Regulatory Compliance
What are Bettermode's requirements under the DSA/OSA?
While Bettermode is not directly an ISP and thus not specifically obligated under the DSA or OSA, we recognize many of our customers are. We are committed to aiding our customers in fulfilling their regulatory obligations by providing compliant and supportive products and services.
What are my obligations as an ISP under the DSA?
Your obligations under the DSA depend on your role and size within the online ecosystem, including:
Transparency: Update terms and conditions to clearly reflect content moderation practices and publish transparency reports.
Accountability: Implement effective systems for managing illegal or harmful content.
User safety: Take steps to ensure user safety, including privacy and security, especially for minors.
Fairness and non-discrimination: Ensure non-discriminatory practices.
'Know Your Customer': Verify the identity of sellers on online marketplaces.
Data protection: Comply with the GDPR and other data protection laws.
Algorithmic transparency: Be transparent about decision-making algorithms.
We encourage our customers to assess their specific obligations under these acts and seek legal advice to ensure compliance. Bettermode remains committed to providing the necessary support and updates to facilitate this compliance journey.
Please note that this document is intended for informational purposes only and does not constitute legal advice. Customers are advised to seek professional legal counsel to fully understand their obligations under the DSA and OSA.