Regulatory Approaches for Algorithms on Online Platforms in the Digital Services Act

Authors

  • Boris Kandov

DOI:

https://doi.org/10.54148/ELTELJ.2024.2.127

Keywords:

algorithms, algorithm regulation, DSA, Digital Services Act, recommender systems, moderation

Abstract

With the seemingly rapid progression of technological development, algorithms are also becoming increasingly powerful and complex, not least due to the emergence of artificial intelligence (AI). While the AI Act is not yet applicable, a European Union law governing the use of algorithms on online platforms already exists that sets out the potential risks and challenges associated with their use. The Digital Services Act (DSA) introduces several new regulations concerning algorithm-based, automatic filtering systems into EU law that play a particularly important role for online platforms, as algorithms are used in these in the form of filter and recommender systems. These help with the moderation of content on platforms on the one hand and ensure a better user experience on the other. At the same time, their use is also associated with potentially negative implications and risks. For example, the spread of misinformation, hate speech and other harmful content on online platforms can have a significant negative impact on democracy and social cohesion. The Digital Services Act aims to ensure that algorithmic systems are used transparently and responsibly. In the analysis of the Digital Services Act, the paper primarily employs the method of word interpretation. This involved a detailed examination of the language used in the Digital Services Act, focusing on the specific terms and phrases within the legislative text. By scrutinising the context and usage of these keywords, the paper aims to uncover their precise meanings and implications.

Author Biography

Boris Kandov

Mag. Boris Kandov, LL.M., Research Associate, Department of Innovation and Digitalisation in Law, University of Vienna. This paper was supported by the Jubilee Fund of the Austrian National Bank. ORCID iD: 0009-0006-9102-886X.

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Published

2025-01-20

Issue

Section

Symposium