On January 18, 2024, the Dutch Authority for Consumers and Markets (ACM) requested public comments on the draft guidelines regarding the Digital Services Act (DSA) for providers of online services. In particular, the draft guidelines highlight which organizations may be considered online service providers under the DSA. This includes:

• conduit services - internet access services, wireless local networks, and virtual private networks;
• caching services - content delivery networks and proxy services;
• online search engines;
• hosting services - search engine advertising services and video sharing platforms; and
• online platforms - app stores, social networks, and business-to-consumer (B2C) online marketplaces.

The draft guidelines also clarify the obligations imposed on online service providers by the DSA, including addressing illegal content, the protection of minors, ensuring the rights of recipients, and ensuring the trustworthiness of B2C online marketplaces. The draft guidelines also note how specific obligations may differ depending on the online service providers under the DSA. For example, regarding the protection of minors, online platform providers, with the exception of micro and small enterprises, must take measures to ensure a high level of privacy, safety, and protection if the online platform is accessible to minors, and must not display advertising based on profiling if they are aware with reasonable certainty that the service is being used by minors.

Public comments can be submitted to [email protected] until February 16, 2024.

You can read the press release here and the draft guidelines here.